Constitutional crisis and democratic resilience in Indonesia
Last week, an image of the Garuda emblem against a blue backdrop with the warning “Peringatan Darurat” (emergency alert) went viral in Indonesia. The image became a rallying cry and expression of support for mass protests across the whole archipelago. Impetus for the demonstrations was a controversial vote in parliament to reverse a verdict by the Constitutional Court. Yet the force of public outrage speaks to mounting frustration over dynasty-building and democratic backsliding in the country.
Changes to electoral laws
On 20 August, Indonesia’s Constitutional Court, known as Mahkama Konstitutsi or MK, made two decisions that will significantly affect upcoming regional elections in November.
Firstly, it approved a joint petition from two parties, Partai Gelora and Partai Buruh, to lower the threshold for political parties to nominate candidates. Previously, parties needed to already hold at least 20 per cent of seats in the Regional House of Representatives or 25 per cent of the popular vote from the previous election to nominate their preferred candidate for the upcoming election. The MK now made it easier for parties to nominate someone without having to build a coalition by lowering this threshold to under 10 per cent (depending on the number of voters of each province, the exact threshold varies from 6.5 per cent up to 8.5 per cent).
Secondly, the MK reversed a change to the minimum age for candidates seeking to run in the regional elections. In May, the Supreme Court, Indonesia’s other apex judicial body (Mahkama Agung), had approved a petition to change the age limit from requiring candidates to be 30 at the time registration to being 30 only at the time of their inauguration. In its ruling, however, the Constitutional Court, which has the power the review laws against the Constitution, decided to reset this change.
Parliamentary opposition
Within 24 hours of these verdicts, however, the national parliament had tabled a bill to reverse MK changes to the electoral law and aimed to ratify it on Thursday the same week (21 Aug). This move was widely seen as an attempt by the legislature, which is dominated by supporters of President Widodo, to consolidate power before he leaves office in October.
A lowered nomination threshold significantly increases the potential for political competition and threatens the dominance of incoming President Prabowo Subianto, a close ally of Widodo. Most importantly, it would enable Anies Baswedan, outspoken critic and opponent of Prabowo in the 2024 presidential race, to run for the highly influential post of Jakarta governor.
As an independent candidate, Baswedan struggled to meet the 20 per cent threshold as Prabowo had already secured a big-tent coalition to sideline Anies from the gubernatorial race. With the MK’s revision, however, his current backing from the Indonesian Democratic Party of Struggle (PDI-P), which holds 14% of seats, suffices.
The petition to tweak age provisions for candidates had also originally been filed by a group aligned with the ruling coalition. Yet, the MK’s subsequent verdict to maintain the age limit blocked Kaesang Pangarep, 29-year-old son of incumbent President Widodo, to run in elections in Central Java.
Unsurprisingly, therefore, the parliaments attempt to undo the changes by Indonesia’s apex judicial body sparked public outrage. Thousands of demonstrators gathered across major cities. Security forces fired tear gas and water cannon as protesters breached and set ablaze part of the gates of parliament.
Mounting public frustration
Mass protests were the culmination of mounting anger and frustration with the outgoing President. They also reflect growing disillusionment among Indonesians. Widodo was elected in 2014 on a platform of reform, as someone from outside the political establishment. As he is about to leave office in October, however, he has revealed himself less man of the people and more formidable power broker.
Under Widodo’s rule, checks and balances such as the Anti-Corruption Commission have been weakened. Last year, he leveraged his popularity to support the presidential campaign of Prabowo, who pledged to continue his policies. Following the election, the incumbent has also helped smooth the way for his successor Prabowo by appointing loyalists to cabinet and other state agencies, in a likely quid-pro-quo that will allow the outgoing leader to retain political influence.
His effort to build out his family’s influence have further diminished public trust. Last year, the Constitutional Court removed the minimum age requirement for presidential candidates to allow Widodo’s 36-year-old son Gibran Rakabuming Raka to become Prabowo’s running mate. The judge that cast the decisive vote, Widodo’s brother-in-law Anwar Usman, was later demoted over what was found a “serious ethical violation”.
Temporary victory
On 21 August, parliament was forced to postpone the vote and announced it would continue deliberations only in the next sitting period, after November’s elections.
The delay marks a victory for the protesters and highlights the resilience of Indonesia’s democracy. Having fought hard for their political freedom after years of dictatorship under President Suharto (1967-1998), Indonesians are ready to go on the streets and forcefully defend their democratic rights.
Yet this struggle against elite capture by the ruling class is set to continue under Prabowo, who is himself a former general, member of a political dynasty and Suharto’s former son-in-law.