Headline: Jakarta Respects Constitutional Court’s Ruling on Presidential Threshold
Subheading: Yusril Ihza Mahendra confirms government’s commitment to MK’s final and binding decision onapasal 222 of Election Law.
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In a significant development, Indonesia’s Coordinating Minister of Law and Human Rights, Yusril Ihza Mahendra, has affirmed the government’s commitment to uphold the Constitutional Court’s (MK) recent ruling to strike down the presidential threshold or proporcionality system outlined in Article 222 of the Election Law.
On Friday, March 1, Yusril stressed that the government acknowledges the MK’s decision as final and legally binding, following the court’s ruling that the said article contradicts the country’s constitution. The minister iterated that all parties, including the government, must abide by the MK’s final judgment, with no further legal recourse available.
Yusril highlighted the MK’s consistent stance on the matter, stating, "The government is aware that the request to review the constitutionality of Article 222 has been submitted more than 30 times, and it was only in the most recent filing that it was approved."
Noting the change in the MK’s attitude towards the constitutional validity of the presidential threshold provision, Yusril reaffirmed the government’s respect for the court’s decision while expressing its unwillingness to comment on the court’s legal reasoning. He also acknowledged the MK’s authority to assess the constitutionality of legislative norms and declared that any adjustments to the Election Law necessitated by the MK’s ruling will be addressed in collaboration with the House of Representatives (DPR).
Consequently, the MJ’s decision revokes the 20% pasangan calon presiden and wakil presiden threshold, enabling political parties or coalitions to nominate presidential and vice-presidential candidates without meeting any specific quota. To mitigate the risk of excessive candidates, the MJ has proposed constitutional engineering measures comprising five key points.
Previously, the MJ acquiesced to the petitions of four students from the Faculty of Shariah and Law of the Islamic University of Sunan Kalijaga, who argued that the presidential threshold provision violated the political rights of citizens, compromised their sovereignty, and breached moral principles.
With this ruling, the upcoming elections will proceed without the presidential threshold, allowing for greater representation and potential political pluralism. The government has committed to discussing and addressing the implications of this decision for future electoral processes.
(rym/wis)
