Constitutionalising Dynasty: Abusive Courts in Indonesia's Electoral Politics
M. Ibrahim
This paper examines the role of Indonesia's Constitutional Court and Supreme Court in the 2024 elections, during which President Jokowi's eldest son, Gibran Rakabuming Raka (Gibran), successfully ran for the vice-presidency, and his younger son, Kaesang Pangarep (Kaesang), was prevented from running for Jakarta's gubernatorial election. Through detailed analysis of the presidential age limits case, the post-election dispute, and the gubernatorial age limits cases, we investigate whether the judiciary was instrumentalised to legitimise dynastic politics. In addressing this question, we seek to trace the ways in which the Constitutional Court and the Supreme Court may have acted to undermine democracy by serving the political objectives of the Jokowi administration. In addition, we highlight the role of civil society and public engagement in resisting political dynasties, as demonstrated by the successful challenge of Kaesang's candidacy in the Jakarta's election. Using doctrinal and socio-legal approaches, we aim to contribute to the academic literature on the judiciary's influence during elections in a fragile democracy such as Indonesia.