Election Bill Urgently Needs Passing, Perludem Calls for Stronger Digital Campaign Rules

The discussion and ratification of the Election Bill (RUU Pemilu) is deemed increasingly urgent and must be prioritised by the House of Representatives (DPR) and the government. Beyond accommodating various Constitutional Court (MK) rulings following the 2024 General Election, the revision of the Election Law is also needed to address the challenges posed by developments in digital technology that are changing the face of political competition. Perludem researcher Usep Hasan Sadikin stated that regulatory updates are no longer merely an administrative necessity ahead of the 2029 elections. According to him, revising the Election Law is a strategic step to safeguard electoral integrity amidst a rapidly changing political landscape and technological advancements. “The revision of the Election Law is increasingly urgent because there are two major developments that cannot be ignored. The Constitutional Court directly influences the norms within the Election Law and the Regional Election Law. MK rulings are final and binding, so lawmakers are obliged to adjust legal norms to avoid inconsistencies in implementation,” Usep told Media Indonesia on Tuesday. He explained that regulatory reform is necessary to integrate various Constitutional Court rulings into a cohesive legal framework. This step is considered important so that implementation in the field does not give rise to multiple interpretations that could potentially disrupt the electoral process. Beyond the legal aspects, Usep assessed that the development of digital technology is another factor meaning the revision cannot be postponed. He noted that the pattern of campaigning and political competition has changed drastically compared to a few years ago. “The development of digital technology has fundamentally changed the way elections are run and campaigns are conducted. Political campaigning now takes place more in the digital space, such as on social media, digital platforms, the use of artificial intelligence, voter data analysis, and algorithm-based information dissemination. The current regulations are not yet fully capable of addressing these challenges,” he said. Consequently, the Election Bill revision must include more comprehensive regulations regarding the digital campaign ecosystem. Various new issues arising from technological developments require legal certainty to ensure that elections remain fair, transparent, and accountable. “In the future, the revision of the Election Law needs to regulate more thoroughly the transparency of digital political advertising, the use of artificial intelligence in campaigns, the protection of voters’ personal data, the accountability of digital platforms, the transparency of campaign financing, and mechanisms for handling disinformation while respecting freedom of expression,” he stated. Usep cautioned that if the DPR and the government do not immediately prioritise the deliberation of the Election Bill, the gap between the practice of digital politics and the existing regulations will widen further. “As a result, election organisers could face many problems without a clear legal basis, while election participants and the public also lose certainty about the boundaries permitted in digital political competition,” he said. According to him, this condition has the potential to create various new problems that are difficult to resolve due to the lack of an adequate legal foundation. Legal certainty is also needed as a guideline for election organisers, participants, and the digital platforms involved in the campaign process. Furthermore, Usep emphasised that the revision of the Election Law must be seen as part of an effort to strengthen the quality of Indonesian democracy in the long term, rather than merely fulfilling a technical requirement ahead of the 2029 elections. “For Perludem, the revision of the Election Law is not just about administrative needs for 2029. What is more important is ensuring that electoral law can maintain electoral integrity, protect citizens’ voting rights, create fair competition, and sustain public trust in Indonesian democracy,” he said. He added that electoral regulatory reform should be viewed as a long-term investment for the quality of democracy, not just a five-year legislative agenda.