Indonesia - August 2024

A wave of protests across Indonesia on 22 August and sharp criticism from civil society compelled the legislature to defy the country’s Constitutional Court (CC) and revise the 2016 Regional Elections Law. The tension began on 20 August, when the CC overruled a controversial May 2024 Supreme Court decision changing the rules for the minimum age of candidates. That ruling would have allowed President Joko Widodo’s son, Kaesang Pangarep, to run for governor of Jakarta. The 20 August CC ruling also lowered the threshold for political party participation in regional polls, which would provide a more open contest between the ruling Onward Indonesia Coalition (KIM) and opposition parties. KIM MPs swiftly introduced legislation to revise the 2016 Regional Elections Law on 22 August, which was interpreted by legal experts, civil society, and the opposition as an unconstitutional effort to override the CC’s legally binding ruling. Large demonstrations followed on the same day across the country, with over 100 protesters and police reported injured and over 400 arrested. Parliament swiftly withdrew the legislation and on 25 August gave the General Elections Commission permission to reform electoral laws in line with the CC’s ruling and protester demands. Human rights organizations criticized the police response to the protests and called for an investigation into excessive violence and allegations of attacks on key organizers and journalists.

Sources: Jakarta Post, International IDEA, Human Rights Watch, Financial Times, CNN Indonesia, Reuters

The Indonesian government introduced regulations on 29 July that legalized some abortions under strict conditions as part of the implementation of a 2023 Health Law. Women whose pregnancies are a result of rape and certain medical emergencies will now be able to obtain an abortion up to 14 weeks after conception. The previous legal standard only allowed for six weeks. The country’s leading religious council, the Indonesian Ulema Council (MUI), sharply criticized the new regulations as contradicting its 2005 fatwa, declaring abortions can only be performed within 40 days of conception. Some gender rights activists broadly welcomed the move but criticized a provision that grants the police, rather than medical professionals, sole discretion to authorize abortions, and the lack of specific instructions for police on how to handle and process rape cases.

Sources: Reuters, Benar News, Tempo