Mahfud MD States Regional Elections Can Be Held Directly or Indirectly Based on Constitutional Court Decision
JAKARTA — Constitutional law expert Mahfud MD stated that regional elections (Pilkada) can be conducted either directly or indirectly.
Mahfud cited this position based on Constitutional Court (MK) decisions numbered 72/PUU-II/2004 and 73/PUU-II/2004.
“Regional elections — direct or indirect? As Pak Jimly mentioned earlier, if you want to discuss it again, that’s fine. Fundamentally, based on the Constitutional Court’s decision, the ruling issued by Pak Jimly in 2004, numbers 72 and 73, clearly states that regional elections can be direct or indirect. It’s up to you which system you want to use,” Mahfud said during a parliamentary Commission II meeting in Jakarta on Tuesday, 10 March 2026.
As a result, Mahfud invited policymakers to choose whether they wish to use a direct or indirect regional election system.
“If we return to the roots established by the Constitutional Court in 2004, numbers 72 and 73, it’s perfectly fine if, for instance, we return to direct elections. That’s what’s called an open legal policy,” he stated.
The debate over indirect regional elections conducted through regional representative councils (DPRD) has resurfaced recently. Five political parties in the House of Representatives have expressed support for the proposal that regional heads be selected by the DPRD.
Gerindra Party Secretary-General Sugiono stated that regional heads elected by the DPRD would be more efficient from a budgetary perspective.
Beyond budgetary considerations, regional heads selected by the DPRD would also be more efficient in candidate recruitment, mechanisms, budgeting, political costs, and the overall election process.
“Gerindra supports efforts and plans to conduct regional elections through the DPRD at the regency, city, and provincial levels,” Sugiono said in a statement on Monday, 29 December 2025.
Consequently, Gerindra Party supports the proposal for the DPRD to elect governors, regents, and mayors.
“From an efficiency standpoint, covering process, mechanism, and budget, we support the plan to conduct regional elections through the DPRD,” Sugiono said.