Electoral Reform and the Continuity of Local Government in Indonesia: Constitutional Implications of Ruling No. 135/PUU-XXII/2024 on the Separation of National and Local Elections

Abstract

This study addresses a gap in the literature concerning the implications of changes to electoral cycles for central and regional governance following Constitutional Court Decision No. 135/PUU-XXII/2024. It focuses on the misalignment between the terms of office of regional heads and members of Regional People's Representative Councils (DPRD) arising from the 2024 General Election. This misalignment has raised public and scholarly concerns about potential legal vacuums and deficits in democratic legitimacy. The study proposes constitutional engineering as a transitional mechanism to ensure legal certainty and maintain the continuity of regional governance. Using a normative legal research method, it adopts statutory, conceptual, and case-law approaches to examine primary legal sources through descriptive analysis. The findings indicate that Constitutional Court Decision No. 135/PUU-XXII/2024 necessitates legislative reform to harmonise the legal framework governing general elections and regional head elections and prevent a legal vacuum. The separation of electoral schedules may create a gap in the terms of office of regional heads and DPRD members elected in 2024. Without clear transitional provisions, this situation could undermine the continuity, legitimacy, and effectiveness of regional governance. The legal implications include the need for explicit transitional arrangements to address the anticipated 2–2.5-year gap and prevent a legal vacuum affecting regional heads and DPRD members in 2029. Institutional continuity is also at stake, as the absence of a definitive regional legislature could disrupt legislative and oversight functions. Furthermore, the prolonged appointment of acting regional heads (Pj) may weaken democratic legitimacy and compromise the principles of regional autonomy. Accordingly, the House of Representatives of the Republic of Indonesia (DPR RI) must prioritise legislative reform and harmonise electoral laws to provide legal certainty for future elections. Given that Constitutional Court decisions have binding force beyond the parties to a case (erga omnes), the resulting legal framework must ensure consistency, institutional continuity, and constitutional accountability.