Election Law Reform: Ius Constituendum for the Separation of National and Local Elections from an Electoral Justice Perspective

Abstract

Indonesia’s simultaneous electoral system has generated significant technical and humanitarian challenges, particularly the excessive workload faced by election officers during the 2019 elections. Constitutional Court Decision Number 135/PUU-XXII/2024 has introduced a new legal direction toward separating national and local elections, yet the regulatory framework governing this separation remains underdeveloped. This study examines the proposed separation from the perspective of electoral justice and formulates an ius constituendum model that preserves representation, participation, and public accountability. Using normative legal research with statutory and conceptual approaches, the study analyzes Constitutional Court decisions, legislation, academic literature, and relevant legal scholarship. The study finds that separating national and local elections can provide a more coherent framework for electoral administration, provided that the legal design ensures regulatory synchronization, protects the safety and professionalism of election administrators, and safeguards citizens’ political rights. The proposed regulatory model therefore emphasizes legal certainty, institutional coordination, meaningful public participation, and accountable electoral governance as essential elements of substantive electoral justice.