Direct elections for regional heads and deputy regional heads have become an integral part of Indonesia’s democratic development. Democratic consolidation at the local level is widely regarded as essential to strengthening democracy at the national level. Following the inclusion of regional head elections (Pemilukada) within Indonesia’s electoral framework, their role as a cornerstone of the country’s democratization process has become even more significant.
The decision to interpret Article 18(4) of the 1945 Constitution—which states that governors, regents, and mayors shall be elected democratically—through the adoption of direct elections, as regulated by Law No. 32 of 2004 on Regional Government, was an appropriate choice for managing Indonesia’s transition from authoritarianism to democracy.
The quality of regional elections improved further after the Constitutional Court ruled that independent candidates should be allowed to contest elections, a decision subsequently reinforced through Law No. 12 of 2008. Nevertheless, significant challenges remained during both the first and second cycles of regional elections. These challenges included ambiguities in the legal framework, weaknesses in the electoral system and nomination process, shortcomings in election administration, deficiencies in law enforcement, and the fragmented scheduling of elections across different regions.
Ambiguous and inconsistent regulations contributed to numerous problems, including inaccurate voter lists, disputes over candidate nominations, poorly regulated campaigns, and irregularities in voting and vote counting. The nomination system also generated challenges by allowing political parties, coalitions, and independent candidates to field large numbers of candidates, often increasing election costs and creating incentives for money politics and transactional political practices.
The enforcement of electoral laws presented another major challenge. Existing regulations often failed to address the complex realities of election administration and violations in the field. Procedures for handling electoral offenses lacked clarity, while limited institutional capacity among law-enforcement agencies frequently hindered effective implementation.
In addition, the staggered scheduling of regional elections across Indonesia created administrative complexity and increased costs. In some regions, election budgets placed pressure on public spending priorities such as education and healthcare. Frequent elections also contributed to voter fatigue, which was reflected in declining voter participation rates from legislative elections to presidential elections and regional elections.
Against this backdrop, Perludem conducted a comprehensive review of Indonesia’s regional election framework and its implementation during the first two election cycles (2008–2010). The study coincided with discussions surrounding the Draft Law on Regional Head Elections initiated by the Ministry of Home Affairs and included in the national legislative agenda for 2010–2011.
The research identified key challenges and proposed a series of reforms aimed at improving Indonesia’s regional election system. Recommendations covered electoral system design, candidate nomination requirements, voter registration, campaign regulations, election administration, law enforcement mechanisms, dispute resolution procedures, and the synchronization of election schedules through the establishment of nationwide regional elections.
The study also addressed several major policy debates, including proposals to return the election of governors to regional legislatures (DPRD), eliminate the direct election of deputy regional heads, and transfer authority for resolving regional election result disputes from the Constitutional Court to the Supreme Court. Perludem concluded that direct elections should be maintained as the most concrete expression of popular sovereignty and that jurisdiction over election result disputes should remain with the Constitutional Court to ensure consistency and quality in electoral justice.
Conducted in Jakarta with the participation of a wide range of electoral stakeholders, this study sought to contribute to the ongoing reform of regional election regulations and strengthen local democracy as an essential pillar of Indonesia’s democratic governance.
Authors: Perludem Research Team
