Chair of House Commission II M. Rifqinizamy Karsayuda has defended proposals to allow regional heads to be elected by local legislatures, saying the mechanism is firmly grounded in Indonesia’s constitution. Speaking on Friday, Rifqinizamy argued that the 1945 Constitution does not require governors, regents and mayors to be chosen by direct popular vote, and that the term “democratic” used in Article 18(4) permits both direct and indirect forms of election.
Pilkada via DPRD constitutional basis
Rifqinizamy, a member of the NasDem Party, said Article 18(4) only stipulates that regional leaders be chosen democratically, leaving room for interpretation. “From a constitutional perspective, the word ‘democratic’ can be read as direct or indirect democracy. Therefore, election through the DPRD has a strong constitutional foundation,” he said in an official statement on 2 January.
He emphasised that local elections, commonly known as Pilkada, are not part of the general election regime defined in Article 22E of the Constitution. That article covers presidential and legislative contests, including the President, DPR, DPD and DPRD. Because Pilkada falls outside this regime, Rifqinizamy argued, the option of electing regional leaders via DPRD should not be dismissed on constitutional grounds.
Despite supporting the DPRD mechanism, Rifqinizamy firmly rejected any suggestion that presidents should directly appoint regional heads. He said unilateral appointments would violate democratic principles. “Direct presidential appointment is inconsistent with democracy,” he stated.
As a compromise, he proposed a “hybrid formula”. Under this model the President would nominate one to three candidates for governor, after which the DPRD would conduct a fit-and-proper test and select one candidate. Rifqinizamy framed the hybrid as consistent with Indonesia’s presidential system, where the President holds the highest executive authority while the legislature maintains an oversight role.
On regulatory matters, Rifqinizamy noted that the 2026 legislative programme (Prolegnas) assigns Commission II to prepare an academic memorandum for revising Law No. 7 of 2017 on General Elections. He said this revision process could be an opportunity to pursue more comprehensive codification of electoral laws, potentially combining amendments to the election law and the Pilkada law into a single, clearer legal framework.
Political reactions have already begun to surface. Some parties and civil society groups insist public opinion must be consulted if indirect election mechanisms are adopted, while others welcome a review of the current system to address overlapping rules and ambiguous norms. Rifqinizamy has indicated Commission II is ready to examine a range of proposals to improve how regional leaders are chosen.
Legal experts say any move to change the Pilkada mechanism will require careful drafting to ensure clarity and to withstand judicial scrutiny. They note that shifting from direct to indirect elections would also carry political consequences, altering local campaigning dynamics and the relationship between regional executives and legislative bodies.
Commission II’s work on the academic memorandum and potential legislative drafting over the coming year will determine whether the government’s proposals move from debate to concrete reform. For now, Rifqinizamy’s statement places the option of Pilkada via DPRD firmly within the realm of constitutionally permissible approaches and sets the terms for a wider discussion on the future of regional elections in Indonesia.
Key Takeaways:
- Chair of House Commission II M. Rifqinizamy argues Pilkada via DPRD has a strong constitutional basis under Article 18(4).
- Pilkada is not classified as a general election under Article 22E, opening options beyond direct popular vote.
- Rifqinizamy rejects presidential appointment but offers a hybrid in which the President proposes names and DPRD conducts fit-and-proper tests.
- Prolegnas 2026 mandates revising the election law and opens the door to broader codification of electoral rules.
