For some years, powerful politicians have been proposing ways to keep Indonesia President Joko Widodo in power beyond his legally mandated two terms. Jokowi himself has been inconsistent in dispelling the rumours, say Indonesia law experts Tim Lindsey from the University of Melbourne and Simon Butt from the Universi
In fact, it is dominating headlines again after the Central Jakarta District Court issued a shock decision in early March ordering the General Election Commission to postpone the 2024 elections.
In fact, before suing in the district court, Prima had appealed to the Jakarta Administrative Court, but that court dismissed the claim, saying it lacked jurisdiction. That should have been the end of the matter.More problematic still, the district court issued a judicial remedy that does not exist in the law. The 2017 Law on General Elections allows the election commission to hold “further elections” or “follow-up elections” in extreme circumstances, such as natural disasters or unrest.
Only the Constitutional Court has clear authority to make decisions about the implications of the Constitution, but it cannot review lower court decisions. This means it cannot step in and fix the problem created by the district court. This means the Prima case - and the uncertainty it has created - is generating a lot of heat. With little public enthusiasm for postponing the elections, and fears the higher courts may make the situation worse, there is now intense pressure on the election commission to allow Prima to run, thereby defusing the issue.
It’s a fair point. Many observers already believe Jokowi’s time in office has led to democratic regression, with Indonesia slipping in the Freedom House rankings. Jokowi himself has publicly said he thinks Indonesian democracy has “gone too far”.
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