“The Codification of Electoral Laws: A Necessity for the 2019 Elections”
The conduct of elections in Indonesia has long been characterized by a less-than-ideal practice: electoral laws are almost always revised before each election cycle, typically every five years. From the perspective of legislative drafting, this is not a desirable situation. One of the hallmarks of a sound legal framework is its ability to remain relevant and effective over an extended period, rather than being designed solely for a single electoral cycle.
Another challenge stems from the fragmented nature of Indonesia’s electoral legislation. The existence of separate laws governing different aspects of elections has resulted in provisions that are inconsistent, ambiguous, overlapping, open to multiple interpretations, and sometimes duplicative. This situation creates difficulties for all stakeholders involved in elections, whether directly or indirectly, including election management bodies, political parties and candidates, voters, and election observers. Addressing this problem has become an urgent priority.
In addition, Constitutional Court Decision No. 14/PUU-XI/2013 mandated that the 2019 elections be conducted simultaneously. The Court interpreted simultaneous elections as the concurrent implementation of legislative elections and presidential and vice-presidential elections, commonly referred to as the “five-ballot election.” Regardless of the debates surrounding this electoral model, the need for a codified electoral law has become increasingly evident. Indonesia requires a single, comprehensive electoral law that governs all types of elections, including legislative elections, presidential and vice-presidential elections, and regional head elections.
Therefore, we express the following positions:
- The codification of electoral laws is a necessity and should be realized as soon as possible to support elections that are more democratic, effective, and efficient.
- The House of Representatives (DPR) and the Government should promptly undertake the codification of electoral laws, considering that preparations for the 2019 Elections were scheduled to begin in early 2017. Accordingly, the codified electoral law should have been finalized before that time.
- In drafting a codified electoral law, the DPR and the Government should ensure the synchronization and harmonization of all provisions governing the conduct of the 2019 Elections.
This statement is submitted for public consideration. We thank all colleagues and stakeholders for their attention.
Jakarta, 28 November 2014
