Headline: Constitutional Court Strikes Down Presidential Threshold for Election Candidates
Article:
In a landmark decision, Indonesia’s Constitutional Court (MK) has abolished the controversial 20% threshold of parliamentary seats or 25% of the national valid votes as a prerequisite for presidential candidates and their running mates. The MK, led by its Chairman Suhartoyo, announced this ruling in the Permata Building on Thursday (2/1/2025), granting all participating political parties an equal opportunity to propose presidential candidates.
The court justified its decision by declaring that the aforementioned criteria in Law No. 7 of 2017 concerning General Elections contravene the 1945 Indonesian Constitution and thus lack legal binding force. The MK further proposed that the Indonesian House of Representatives (DPR) and the government revisit and amend this law accordingly.
In its ruling, the MK reasoned that the threshold system has proven ineffective in simplifying the number of participating political parties in elections. Moreover, the MK highlighted that the existing threshold favours parties already represented in the House. Saldi Isra, Vice-Chairman of the MK, expressed concerns that the retention of such a threshold could lead to calamitous consequences, including presidential elections with only one candidate or uncontested booths.
The MK advised the DPR and the government to reconsider the existing rules, suggesting that the proposal of presidential candidates should no longer be based on the threshold system. As a deterrent, the MK proposed that political parties that choose not to nominate candidates could face sanctions, including disqualification from the next presidential election.
"Partai politik peserta pemilu, sepanjang telah dinyatakan sebagai peserta pemilu, dapat mengusulkan pasangan calon Presiden dan Wakil Presiden," said Saldi, adding that the number of proposed candidates could potentially equal the number of participating parties.
This ruling, brought upon by case number 62/PUU-XXI/2023, has opened up new avenues in Indonesia’s electoral landscape, ushering in an era of greater inclusivity and equality for all participating parties.
(maa/dhn)
