Indonesia upholds constitutional court ruling preventing Jokowi's son running for governor, but his legacy remains

The ruling would effectively cut President Joko "Jokowi" Widodo's youngest son from regional head race this November and allowed smaller parties to run.

Tan Min-Wei | September 05, 2024, 01:18 PM

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"These processes opened up the fact that our political system, our democracy, is still very fragile," reflected former Jakarta governor Anies Baswedan in a video uploaded to his YouTube channel titled "Notes from Anies Post-Presidential and Regional Elections 2024".

Anies had just reportedly turned down an offer from Indonesia's ruling party the Indonesian Democratic Party of Struggle (PDI-P) to run as their gubernatorial candidate for West Java following weeks of speculation that PDI-P would nominate him for the Jakarta gubernatorial election in November this year.

"At this moment, which parties are not being held hostage by power?" Anies said, hinting at the possibility of creating his own political party.

Moving forward, Anies aimed to "increase Indonesia's political consciousness and democracy".

Political turmoil

Anies's reflection came following weeks of political turmoil.

In late Aug. 2024, demonstrators across several cities in Indonesia took to the streets to express their dissatisfaction after lawmakers attempted to overturn a Constitutional Court ruling.

If successful, Indonesia's parliament would have effectively allowed President Joko "Jokowi" Widodo's youngest son to run in upcoming local elections, and blocked smaller parties from running.

Indonesia's election body eventually issued new rules, abiding with the initial Constitutional Court ruling, which many saw as a form of victory.

Yet it remains to be seen what this victory would mean for democracy in Indonesia.

What was the Constitutional Court ruling?

The Indonesian Constitutional Court on Aug. 20 issued a ruling lowering the threshold requirement for regional head nominations in the gubernatorial election.

With the ruling, a political party or coalition of political parties would only need 7.5 per cent of the popular vote to nominate a candidate in the local election, without requiring seats in the Regional House of Representatives (DPRD).

Previously, political parties would need a minimum of 20 per cent of legislative seats in the DPRD, or 25 per cent of the popular vote to field a candidate.

The Constitutional Court also maintained that candidates must meet the minimum age requirement of 30 at the time of nomination for the election.

In July 2024, Indonesia's General Election Commission set the minimum age requirement for governor candidates at 30 years old by the inauguration date of the election winners.

What's the significance of the Constitutional Court ruling?

The Constitutional Court ruling signified two things.

Firstly, Anies Baswedan, the presidential election rival of incoming President Prabowo Subianto, can be nominated to run for Governor of Jakarta— a position he held from 2017 to 2022.

Secondly, Jokowi's youngest son, 29-year-old Kaesang Pangarep cannot run in the gubernatorial election.

KIM Plus

Anies was reportedly having a hard time securing a ticket to be a candidate for the gubernatorial election.

He had also missed the deadline for independent candidacy, according to Indonesian media Jakarta Globe.

The Prosperous Justice Party (PKS), the largest party in Jakarta legislature with 18 seats, had formally nominated Anies for the Jakarta gubernatorial election as long as he chose the party's former chairman Sohibul Iman as his running mate by Aug. 4.

They later threatened to withdraw their support after not receiving a response after the deadline passed.

PKS, along with Anies's political allies National Awakening Party (PKB) and NasDem, eventually joined Prabowo's affiliated KIM Plus coalition.

What's KIM Plus?

KIM Plus is a coalition comprised of Prabowo's Gerindra, Golkar, the Democrat Party, PAN, PBB, Gelora Paty, Garuda Party, Prima, PSI, PKB, PKS, and NasDem.

Sufmi Dasco Ahmad, Gerindra acting chairman and the Deputy Speaker of the House of Representatives (DPR), said that KIM Plus will support former police General Ahmad Luthfi and Jokowi's youngest son Kaesang in the 2024 Central Java gubernatorial election.

With new ruling, Anies may be able run for election

With the majority of the DPR belonging to KIM Plus, it was difficult for Anies to secure himself a ticket for the gubernatorial election.

The Constitutional Court ruling, however, allowed Anies to run for the Regional Head Election (Pilkada) as long as he could gather 7.5 per cent of popular vote.

Speculations of Anies becoming a nominee for the Indonesian Democratic Party of Struggle (PDI-P) quickly arose.

PDI-P, Indonesia's ruling and largest party in the DPR, was unable to nominate a candidate after being unable to hit the required 22-seat threshold in the Jakarta legislature.

PDI-P was also unable to form a coalition as there was no other party available.

What did lawmakers do?

A day after the Aug. 20 ruling, a group of lawmakers in Indonesia sought to rectify the Regional Head Election, a move many saw as undermining the Constitutional Court decision.

Member of DPR Yandri Susanto claimed that the revision of the Regional Head Election Law was not meant to annul the Constitutional Court's decision, but to "incorporate" it to avoid "wild interpretations".

The revision would see the restoration of the threshold of 20 per cent of representation in the Regional House of Representatives (DPRD) or 25 per cent of popular vote.

It would also restore the minimum age requirement for regional head candidates from the inauguration date.

Peringatan Darurat (Emergency warning)

DPR's plan to amend the Regional Head Election Law was met with widespread opposition from the public, with many expressing concern over the state of the country's democracy.

An image of Indonesia's national symbol, Garuda Pancasila, set against a blue background with the words "peringatan darurat" (emergency warning) quickly circulated across social media.

Image via @imyourkind/X (formerly Twitter)

Protesters across Indonesia took to the streets to express their dissatisfaction with lawmakers' attempt to undermine the Constitutional Court ruling.

Constitutional Court upholds rule

On Sunday, Aug. 25, Indonesia's election commission issued new rules aligned with the Constitutional Court ruling.

The move effectively blocked any opportunities for Jokowi's youngest son, 29-year-old Keasang, from running for the regional head position during the November election.

It also allowed smaller parties to run in the regional election.

For days, there was speculation that PDI-P would back Anies to run for the Jakarta gubernatorial November election.

Anies out of regional head race

However, on Wednesday, Aug. 28, news broke that PDI-P, the only party left that could nominate a candidate, announced that it would pick Jokowi's current secretary to run for the Jakarta gubernatorial election.

Pramono Anung, a long-time member of PDI-P, registered his candidacy at the election commission on Wednesday (Aug. 28).

PDI-P said that they nominated Pramono due to his extensive political experience. The party did not explain why they decided not to back Anies.

The move surprised many, with analysts saying that Pramono's chances of winning the Jakarta race were slim and that he was close with Jokowi, who was rumoured to have a strained relationship with PDI-P and its chairman, Megawati Soekarnoputri, who previously served as President of Indonesia.

Of democracy

Pramono's candidacy not only brought a new wind in the November election, but it also represented the upholding of Constitutional Court ruling.

In the heat of the protests, many demanded an end to Jokowi's political dynasty, who had been accused of attempting to extend his influence after stepping down from the office in October.

Jokowi's eldest son, Gibran Rakabuming Raka, is set to be the country's next vice president after clinching victory in the 2024 presidential election.

He was able to run for the election following a change in court ruling which allowed candidates under the minimum age of 40 to run for the presidential election provided they have previously held an elected regional office.

@Fayalet/X

Of influence and legacy

However it may not be entirely true to say that Jokowi will no longer wield influence in Indonesian politics, even after the court ruling.

The coalition of 13 government-aligned parties of KIM Plus, also an extension of Prabowo-Gibran coalition from the 2024 Presidential Election, is a reminder of his impact on Indonesian politics.

Even Pramono's nomination, given his close ties with Jokowi, might serve more as a continuity than a discontinuity of that very legacy that some of the Indonesian public hoped to break away from.

November election

Indonesia will head to the polls on Nov. 27, 2024 to elect their respective regional heads.

Top image via @Fayalet/X