"The [district] Court sentenced the defendant not to carry out the remaining stages of the 2024 General Elections since this decision was pronounced and to carry out the General Election stages from the beginning for approximately 2 years, 4 months and 7 days," the ruling said, as quoted by detik.com, on March 2, 2023.

Prima Party said in the lawsuit that the KPU declared the party not qualified for the elections in the administrative verification process, thus prevented the party to take part in factual verification.

Meanwhile, Handoko - Secretary General of Projo, one of Jokowi's supporter groups - said if the Court decided that the 2024 elections use a close proportional system, there would be a potential to delay the elections. The government and the House of Representatives (DPR) will have to change the existing Law No. 7/2017 on General Elections. 

"The stipulation on an open proportional system is contained in the election law. It means if the Court ruling has a consequence to change the law, it will take time," he told Indonesia Business Post.

Close vs open legislative election system

The Constitutional Court is currently hearing a judicial review on the change in the legislative election system. A group of people filed a judicial review to the Court in 2022 to change the system from open proportional to close proportional.

In the open proportional system, that has been applied since 2009, voters can vote for the political parties or the name of the candidates for the DPR. By this system, the legislative candidates with the most votes will automatically secure a seat in the House. On the contrary, in the close proportional system, voters can only vote for political parties. Therefore, the parties have the authority to appoint members of the House.  

Handoko said the group has raised a concern that the new system would be effective in the February 14, 2024, voting day. "Our proposal is if the court decides on something different from the existing law, there is an alternative of applying the rule in the 2029 or 2034 elections," he added.

In his opinion, the current election phase still needs to be implemented. Currently, he said, there was a public and open discourse on the postponement of the elections and the extension of President Jokowi's tenure. "If something happens to the general election law, there will be a potential to delay the elections," he said.

Political scenario

A source in the Indonesia Democratic Party of Struggle (PDIP) said there was a scenario to delay the elections. The scenario started with a judicial review on the voting system for legislative election. The PDIP supports a close proportional system and 9 other political parties oppose it.

The process of judicial review is still ongoing in the Constitutional Court. Currently, there are 9 Court justices. The source said 5 justices would rule in favor of a close proportional system, while 4 others would reject it.

"When the Court decides in favor of a close proportional system, there will be political turmoil. The discussion will be brought to the House of Representatives. At the time, Jokowi will issue a government regulation in lieu of law and the general election schedule will be hampered. At the end of the situation, the general election will be delayed," the source explained.

Handoko said that since December 2019, Projo has stated their rejection of the ideas of an extension of Jokowi's tenure, the postponement of the elections and Jokowi's third period of the presidency.

"In a press conference last December at the year-end note, Projo emphasized that it rejected the proposal to extend the tenure of Jokowi or delay the election or the third period of president Jokowi," he said. He added that Projo had many reasons to oppose the proposals due to the urgency of the consolidation of democracy and the distributive aspect of democracy.

No correlation of MK ruling and election delay

Political analyst from the Pelita Harapan University Emrus Sihombing said there was no correlation between the MK ruling on the legislative election system and the postponement of the election. If the Court justices rule for a close proportional system, the House can revise the election law in a short time.

If the Court decides to revise the election law, the government and the House can establish a special team consisting of experts on constitutional law that can compose a new law or revise the law. "Whatever the Court's ruling, it will not impact the election because we can adapt and adjust in at least one month," he said.

Sihombing said the MK ruling, however, would have an impact on the ballooning cost of the elections. As an archipelagic country, Indonesia would need to spend more money for preparing for the elections. "We need to prioritize the elections for the interest of the nation and state. Our sovereignty is in the hand of the people," he explained.   

He also elaborated that he did not see Jokowi's intention to delay the elections. "I think President Jokowi is very firm about this issue. The president is someone who obeys the Constitution, regulations and the rule of the games. He prioritizes the interest of the nation and state. President Jokowi is a statesman," he said.