Return to Indirect Election of Governors and Regional Heads by Regional Legislatures Would be a Backward Step

By Daniel Ahmad Fajri for Tempo.co, December 17, 2024

A study conducted by the Center for Political Studies (Puskapol) at the University of Indonesia four years ago remains highly relevant as Indonesia again debates its system of regional elections. The research analyzed the merits of direct regional elections versus indirect elections held through local legislative councils (DPRD).

Research Findings Highlight Concerns

Delia Wildianti, a researcher at the Center for Political Studies, outlined four critical findings from the study:

1. Elections through regional legislative councils do not guarantee better leadership compared to direct elections.
2. Indirect elections by regional legislative councils are unlikely to eliminate money politics or vote-buying.
3. Historical data from 1999 to 2004 indicates political instability arising from strained relationships between regional executives and legislature councils, often delaying development programs.
4. Reverting to indirect elections by regional legislative councils risks eroding the accountability of leaders to their constituents.

Delia attributed the persistently high costs of politics to factors including party entry fees, campaign financing, political consultants, polling, vote-buying, and the cost of election day count observers. “The root cause of expensive elections lies in the behavior of political actors themselves, and the normalization of corruption within politics,” Delia explained on December 16, 2024.

Transparency is a Problem

Delia also criticized political actors and parties for their lack of transparency regarding election spending. While they often complain about the high costs of direct elections, they rarely disclose their actual expenses. “Switching to indirect election of regional heads by regional legislatures won’t necessarily reform the fundamental behavior of political actors or address their corrupt practices,” she noted.

Sahel Muzzammil, a researcher with Transparency International Indonesia (TII), agreed with Delia’s findings. TII has been studying campaign finance in regional elections, focusing on discrepancies between candidates’ reported expenditures and actual campaign costs as observed on the ground.

Preliminary results suggest that many candidates fail to report their campaign finances honestly. For instance, TII compared the expenditure caps set by the National Elections Commission (KPU) with the amounts reported by candidates in their Campaign Finance Reports (LPPDK).

Disingenuous Regulation

Sahel highlighted the 2024 gubernatorial election in Banten province, where the KPU set a maximum expenditure limit of IDR 917 billion (US$61 million) for two candidates. However, the combined expenditures reported by the candidates amounted to only IDR 9 billion (US$600,000).

He noted that such discrepancies raise serious questions. “If the cap and the reported expenses are so misaligned, it begs the question: Were the limits deliberately set to be ignored, or are candidates simply not being honest in their reporting?”

Reviving an Old Debate

President Prabowo Subianto reignited the debate over electoral mechanisms by proposing a return to the election of regional heads and provincial governors indirectly by election by regional legislative councils during a speech at the Golkar Party’s anniversary commemoration on December 12, 2024. Citing the financial burden of direct elections on both the government budget and candidates, President Prabowo suggested that legislators, once elected, should then also indirectly elect regional chief executives such as governors, mayors, and regents.

“Once we elect the members of the national legislature and provincial legislatures, let them handle the selection of governors, regents, and mayors,” Prabowo said at the Sentul International Convention Center in Bogor, West Java, south of Jakarta. “With so many party leaders present here tonight, we could decide the matter right now.”

The proposal has sparked renewed debate, echoing discussions from 2014 when the government and parliament passed legislation to shift regional elections back indirect election by regional legislative councils—a decision that was later overturned due to the strength of the public outcry.

While Prabowo’s remarks refer to alleged concerns over the cost of direct elections, critics argue that returning to indirect election of regional heads of government by regional legislative councils could exacerbate existing issues of corruption and reduce political accountability. The high cost of politics, they contend, is rooted not in the election mechanism itself, but in the entrenched behavior of political actors and systemic corruption within the electoral process.

Political Support and Constitutional Questions

President Prabowo’s Gerindra Party and five other political parties from the Red-and-White Coalition which nominated Prabowo Subianto and Hatta Rajasa in the 2014 presidential election have endorsed the proposal to return to the election of regional chief executives indirectly by local legislatures. However, the approach has faced opposition before. In the final days of his presidency, former President Susilo Bambang Yudhoyono issued a government regulation canceling the 2014 legislation that initially shifted elections the election of regional heads back to indirect election by regional legislatures and reinstated direct popular elections.

Former National Elections Commission (KPU) Commissioner Hadar Nafis Gumay argued that returning to indirect election by regional legislatures would conflict Indonesia’s “1945 Constitution”. “The Constitution does not distinguish between general elections and regional elections. Both must adhere to the principles of honesty, fairness, directness, universality, freedom, and secrecy,” Hadar said on Monday.

He recalled the initial shift to direct elections, driven by concerns over rampant vote-buying among political parties and members of regional legislatures during legislative elections. “One of the main reasons for changing the system back then [in 2014] was the lack of transparency and the prevalence of money politics. The public had no insight into the opaque processes within provincial, regional and municipal legislatures,” he explained.

Hadar also pointed to the gap between public aspirations and the interests of of members of regional legislatures or political parties, which often resulted in governors and district heads being out of sync with voters’ preferences. He emphasized the need for reforms to curb unethical practices among candidates and political parties, rather than dismantling the [current] system of direct popular elections altogether. Simplifying the process and adopting technology, such as digital vote tabulation, could help reduce costs, he suggested.

Opposition From Legal Experts and Advocacy Groups

Election law expert Titi Anggraini from the University of Indonesia also opposed returning to indirect election by regional legislative councils. While acknowledging the need to evaluate direct elections to improve their efficiency, she argued that indirect elections would not resolve the fundamental issues of money politics or high campaign costs.

Titi warned that [in effect] giving political parties control over candidate selection in indirect elections by regional legislatures would likely exacerbate corruption. “Money politics could worsen if elections are conducted entirely through party representatives in regional legislative councils,” she cautioned.

The Government’s Position

Deputy Minister of Home Affairs Bima Arya Sugiarto said that President Prabowo’s proposal stemmed from widespread public concern over the financial burden of regional elections. He noted that district and city-level elections cost tens of billions of rupiah, while provincial elections often exceeded IDR 1 trillion (US$66 million).

“This situation is unhealthy and undermines our political and democratic systems. A thorough evaluation is needed, targeting the root causes of high political costs,” said Bima, a former mayor of Bogor, on Monday. He added that the government is open to public discussions on various election mechanisms, including indirect elections through regional legislative councils and a potential asymmetric approach, where direct elections are retained only in regions meeting specific criteria.

Minister of Legal Affairs Supratman Andi Agtas echoed this sentiment, noting that potential changes to the election system would be considered in tandem with [planned] revisions to election laws. The House of Representatives (DPR) is tasked with drafting academic studies and legal revisions. “We are waiting for the House to submit its draft legislation,” Supratman said.

Legislative Deliberations

Muhammad Rifqinizamy Karsayuda, Chair of House of Representatives Commission II, described President Prabowo’s proposal as valuable input for revising political laws. He emphasized that the revisions would be based on evaluations of the February 2024 elections and regional elections to be conduct simultaneously nation-wide on November 27, 2024. “We aim to finalize the revisions well before 2029 to ensure ample time for thorough deliberation,” said Rifqinizamy, a National Demoncrat Party politician.

Golkar Party House member Zulfikar Arse Sadikin confirmed that revisions to the Election Law are already part of the 2024 National Legislative Program, though it has yet to be prioritized. He noted that Prabowo’s proposal would be considered during these discussions, particularly given the Constitutional Court’s ruling that elections and regional elections are governed under the same legal framework.

However, not all parties are on board. Deddy Sitorus, a House member and member of Commission II from the Indonesian Democratic Party of Struggle (PDI-P), firmly rejected the proposed changes. “We continue to support direct elections,” he declared. Hendrik Yaputra contributed reporting to this article.

This article is based on https://www.tempo.co/politik/langkah-mundur-sistem-pilkada-di-indonesia-1182504.

In earlier news…

Returning to Indirect Election of Regional Heads by Regional Legislative Councils: Is the High Cost of Elections a Good Enough Reason?

KompasTV, December 14, 2024

Jakarta, Kompas.tv – Indonesia’s Minister of Legal Affairs, Supratman Andi Agtas, has said the national government is opening up opportunities to look at returning to the election of provincial governors and regional heads by indirect election by regional legislatures (DPRD).

Supratman said the discussion on regional heads being indirectly elected by the regional DPRDs has been ongoing since the term of President Joko Widodo’s government.

Supratman said that indirect regional elections would not be a setback for democracy. President Prabowo has agreed with Golkar Party General Chair, Bahlil Lahadalia, on the high cost of regional elections.

The President has opened a discussion about regional heads being indirectly elected by the regional DPRD.

Is it possible for regional heads to be once again elected by the DPRD as under the New Order regime? And is the high cost of regional elections enough of a reason to change direct regional elections back to indirect elections by regional legislatures?

Listen to the Deputy General Chair of Golkar Party, Ahmad Doli Kurnia Tanjung, Chair of the PDIP central executive, Deddy Sitorus and constitutional law expert, Feri Amsari.

In related news:

• https://open.spotify.com/episode/7oK9LZZojvaTDxXjtktRAf?si=Tj41ODdnTICr0KMx6tP7FQ
• https://www.tempo.co/politik/langkah-mundur-sistem-pilkada-di-indonesia-1182504
• President Prabowo says  regional elections are expensive, throws out the idea of regional heads being again indirectly elected by DPRDs at https://www.kompas.tv/nasional/559954/sebut-pilkada-mahal-presiden-prabowo-lempar-wacana-kepala-daerah-kembali-dipilih-oleh-dprd
• Journal Article: Political Accountability of Regional Government Heads in Indonesia, Constitutional Review