MENUJU PEMILU YANG LEBIH DEMOKRATIS: REFLEKSI KRITIS ATAS KEBIJAKAN PEMISAHAN PEMILU NASIONAL DAN PEMILU DAERAH

Abstrak

The Constitutional Court of the Republic of Indonesia's Decision Number 135/PUU-XXII/2025 marks a new milestone in election governance in Indonesia. The Court decided to end the five-ballot box simultaneous election scheme that had been implemented since 2019, by stipulating that starting in 2029, the implementation of National Elections (elections for members of the DPR, DPD, and President/Vice President) must be separated from Regional Elections (elections for members of the provincial/district/city DPRD as well as governors, regents, and mayors and their deputies). The time gap between the two elections was set at a minimum of 2 (two) years and a maximum of 2 (two) years and 6 (six) months from the inauguration of elected officials at the national level. This decision was granted following a petition by the Association for Elections and Democracy (Perludem) which challenged the constitutionality of Article 167 paragraph (3) of the Election Law and Article 3 paragraph (1) of the Regional Election Law. This study examines the fundamental implications of the electoral separation policy for the quality of Indonesian democracy through an analysis of legal documents, court decisions, and a comparative literature review. The findings indicate that electoral separation is expected to increase voter focus on local issues, reduce the technical burden on election organizers, and provide better space for political parties in candidate recruitment and outreach. However, this policy also raises significant challenges, including the risk of constitutional deadlock, increased political costs, and complexities in structuring election schedules and regional head terms. This study offers a critical evaluative framework for understanding the trade-off between efficiency and democratic substance in the context of more democratic elections.