Constitutional Court Affirms Direct Regional Elections by the People

Indonesia's Constitutional Court has firmly upheld the principle that regional head elections, known as Pilkada, must remain a direct vote by the people. In a ruling on Monday, June 29, 2026, the court rejected a legal challenge seeking to reinterpret the existing law governing the selection of governors, regents, and mayors.

The case, numbered 195/PUU-XXIV/2026, specifically addressed the phrase "directly and democratically" within the relevant legislation. Chief Justice Suhartoyo stated that the court's decision was guided by a series of previous rulings that consistently affirmed the necessity of direct popular elections for regional leaders.

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Based on the legal considerations of those decisions, the mechanism for electing regional heads is currently carried out directly by the people.

This ruling effectively dismisses a petition filed by four university students who expressed concerns that the phrase "democratically" could be exploited to revive an indirect election system through regional legislative bodies. The students feared this could undermine the principle of popular sovereignty and infringe upon their political rights.

The Constitutional Court's decision reinforces the existing electoral framework, ensuring that the direct election of regional heads remains the standard practice, consistent with prior jurisprudence. The court found that the petitioners had not sufficiently demonstrated actual or potential harm to their constitutional rights.

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Based on the legal considerations of those decisions, the mechanism for electing regional heads is currently carried out directly by the people.