The Platform
Latest Articles
by Siraj Khan
by Adaeze Adetope
by Akib Rahman Shanto
by Sohail Mahmood
by Manish Rai
by Wonderful Adegoke
by Wonderful Adegoke
by Collins Chong Yew Keat
by Gordon Feller
by Gordon Feller
by Siraj Khan
by Adaeze Adetope
by Akib Rahman Shanto
by Sohail Mahmood
by Manish Rai
by Wonderful Adegoke
by Wonderful Adegoke
by Collins Chong Yew Keat
by Gordon Feller
by Gordon Feller
Understanding Indonesia’s Constitutional Crisis
09.11.2024
Indonesia is facing a constitutional crisis fueled by government defiance of court rulings, nepotism, and violent repression of public protests.
Indonesia faces a growing constitutional crisis as its House of Representatives (DPR) seeks to overturn two pivotal Constitutional Court decisions. These rulings assert that political parties can nominate candidates for local elections regardless of their seat quota in the Regional House of Representatives (DPRD). Additionally, they lower the minimum age for regional head candidates to 30 at the time of inauguration.
In a sudden and controversial move, the DPR postponed a plenary meeting to amend the local election law, an apparent attempt to undercut the court’s authority. This maneuver has only deepened tensions in the wake of Vice President-elect Gibran Rakabuming Raka’s candidacy—an outcome many view as a byproduct of nepotism. President Joko Widodo’s eldest son Gibran was allowed to run for vice president despite the age ruling in a court decision overseen by Anwar Usman, Widodo’s brother-in-law. The November 2023 ruling cleared the way for Gibran and led to his eventual victory. A similar controversy has arisen with Widodo’s younger son, Kaesang Pangarep, who is poised to run for a regional office despite not meeting the minimum age requirement.
These events have sparked nationwide discontent, with accusations of authoritarianism, nepotism, and a blatant disregard for the Constitution flying at the government. The Council of Professors at the University of Indonesia, alongside a broad coalition of student groups, has openly criticized the DPR’s actions, deeming them a betrayal of the constitution. At the same time, a grassroots movement is brewing online. The “Emergency Warning” campaign, marked by a blue poster emblazoned with Indonesia’s national symbol, the Garuda, has been shared widely on social media. This campaign has become the emblem of resistance against what many see as a constitutional backslide.
The symbolic importance of these Constitutional Court rulings cannot be overstated. By law, the court’s decisions are final and binding, meaning they apply universally, not just to the individuals or institutions involved in the case. Yet, the DPR has refused to recognize these rulings, specifically the changes they impose on election law. They’ve attempted to preserve the status quo for political parties with seats in parliament while applying the court’s decisions only to those without representation. Such a move is discriminatory and inconsistent with Indonesia’s Constitution, which mandates democratic elections for regional heads.
This defiance appears to serve a broader political agenda: ensuring the victory of candidates aligned with the so-called “Jokowi regime” in the 2024 local elections, particularly in Jakarta.
Even more concerning is the DPR’s rejection of an earlier decision by the Constitutional Court. Despite the clear distinction in their respective legal jurisdictions, the body has pitted this decision against a Supreme Court ruling. Constitutionally, the Constitutional Court’s authority supersedes that of the Supreme Court in cases of substantive law. However, the DPR continues questioning the legal basis for age limits on regional head candidates—a challenge motivated by President Widodo’s desire to see his son, Kaesang, rise to power.
These actions have only fueled the perception that Indonesia is sliding deeper into nepotism. The government’s silence in response to the DPR’s defiance further amplifies these fears, suggesting tacit approval of the attempt to build a political dynasty.
Public protests have erupted across Indonesia, with massive demonstrations held in late August supporting upholding the Constitutional Court’s authority. Yet, instead of protecting these protesters—whose rights to assembly are guaranteed by law—authorities responded violently. Reports of police brutality have flooded the media, with tear gas, beatings, and arrests becoming common. The police have even gone so far as to raid schools, malls, mosques, and other public spaces, seeking to quell dissent. Protesters have also received anonymous threats, many allegedly from law enforcement officers.
This violence has spilled over into the public and press, with several journalists also falling victim to the crackdown. International media outlets have begun to highlight Indonesia’s troubling slide away from democracy and human rights protections. The country’s already-low Freedom Index ranking could drop even further, and there is growing concern about a subsequent decline in its Democracy Index.
Although the DPR has temporarily delayed revisions to the local election law, Indonesians remain vigilant. With the country’s political dynamics shifting unpredictably, the crisis will unlikely be resolved before President Prabowo Subianto’s inauguration in October.
Muhammad Shalahuddin Al Ayyubi is a graduate student at the University of Indonesia where he is also an assistant lecturer. Muhammad is also a freelance writer, contributor at Modern Diplomacy, and author of 'Sang Watan'.
Megawati Iskandar Putri is an alumna of the Faculty of Law, University of Mataram, and a gender activist in the 'Senyum Puan' community.