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Indonesian Politician’s Rivalry: Hans Minta MK Disqualifies Khofifah-Emil Ahead of East Java Gubernatorial Election

by Chief Editor
written by Chief Editor

Headline: Tri Rismaharini-Gus Hans Seek MK Disqualification of Khofifah-Indar Parawansa in East Java Gubernatorial Election

Subhead: Duo files petition at the Constitutional Court, requesting nullification of Khofifah-Indar Parawansa-Emil Dardak‘s candidacy in the East Java governorship race.

In a unprecedented move, the gubernatorial tandem of Tri Rismaharini (Risma) and Gus Hans has filed a petition with the Constitutional Court (MK) seeking the disqualification of their rival pair, Khofifah Indar Parawansa (Khofifah) and Emil Dardak, in the East Java gubernatorial election scheduled for 2024. Represented by their legal team, the petition was submitted during the preliminary hearing of case number 265/PHPU.GUB-XXIII/2025 on Wednesday, February 1.

Risma-Hans, incumbent governor and vice-governor of East Java respectively, have cited serious and systemic irregularities in the electoral process as their primary grounds for the petition. During the hearing, one of their lawyers stated, "The third petitum is to disqualify the gubernatorial and vice-governorial candidate pair number two, Khofifah-Indar Parawansa-Emil Dardak, for having committed structured, systematic, and massive (TSM) violations in the East Java gubernatorial election."

The petition also calls for the annulment of the East Java Election Commission’s (KPU Jatim) Decision No. 63 of 2024, which validated the election results announced on December 9, 2024. Speaking on behalf of Risma-Hans, their legal team proposed five alternative petitums, including:

  1. Declaring the petitioners as the legitimate winners, with Luluk Nur Hamidah-Lukmanul Khakim as the first runners-up, based on their alleged true vote count.
  2. Ordering KPU Jatim to conduct a re-vote in all polling stations across East Java, excluding Khofifah-Indar Parawansa-Emil Dardak from contention.

Justice Saldi Isra of the Constitutional Court queried the intended petitum number, to which the lawyer replied, "The fourth petitum that is being cited, sir."

Previously, KPU Jatim declared that Luluk Nur Hamidah and Lukmanul Khakim had obtained 1,797,332 valid votes. In contrast, the duo of Khofifah Indar Parawansa and Emil Elestianto Dardak secured 12,192,165 votes, while Risma-Gus Hans garnered 6,743,095 votes.

The petitioners hope that the MK will issue a just decision, addressing the alleged violations and ensuring a fair democratic process in East Java’s gubernatorial election.

(yoa/DAL)

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Dr. Anwar Usman Hospitalized After Fall

by Chief Editor
written by Chief Editor

Headline: Indonesian Constitutional Court Judge Anwar Usman Hospitalized After Fall; Delays Kaliurang Pilkada 2024 Dispute Hearing

On Wednesday, January 8, the Indonesian Constitutional Court (MK) announced that Judge Anwar Usman is receiving treatment at a hospital after a fall the previous day, leading to the postponement of the panel 3 Kaliurang Pilkada 2024 dispute hearing scheduled for the same day.

MK spokesperson Enny Nurbaningsih confirmed the development, stating, " Panel 3’s hearing had to be rescheduled because Pak Anwar had a fall yesterday and was subsequently admitted to the hospital." The hearing, which was set to begin at 08:00 WIB, was unable to proceed as all three judges must be present for the trial to commence.

To accommodate the absence, the panel 3 hearing has been rescheduled for later in the day, commencing at 14:00 WIB and potentially running until 23:00 WIB, depending on the proceedings. This change occurs as judges from panels 1 and 2 will replace Judge Anwar during his absence.

Initially planned to start simultaneously at 08:00 WIB, the Kaliurang Pilkada 2024 dispute hearings are divided into three panels. A total of 47 cases are set to be heard, with pre-trial examinations as the day’s agenda.

The high-profile case involving gubernatorial candidates Tri Rismaharini and Zahrul Azhar Asumta (Gus Hans) in East Java, case number 2265/PHPU.GUB-XXIII/2025, is of particular interest. The hearing for this case was scheduled to begin at 08:00 WIB in panel 2, located on the 4th floor of the MK RI building.

The Indonesian public eagerly awaits updates on Judge Anwar’s health status and the rescheduled hearing dates for the Kaliurang Pilkada 2024 dispute cases.

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Judicial Tactics: Preventing Conflict of Interest in Election Dispute Cases

by Chief Editor
written by Chief Editor

Headline: Courting Impartiality: MK’s Stratgeies to Avoid Conflict of Interest in Election Disputes

As the 2024 regional elections approach, the Constitutional Court (MK) gears up for a potentially heavy docket of election dispute cases. In preparation, Chief Justice Suhartoyo has revealed strategies to ensure impartiality and prevent conflicts of interest among the justices.

The MK has received a total of 314 disputes, predominantly from gubernatorial elections (242 cases) followed by gubernatorial (23 cases) and candidature (49 cases). To manage this caseload, the MK has implemented several measures:

  1. Regulatory Updates: The MK is updating its procedural regulations to streamline the handling of election disputes.
  2. Training and Capacity Building: The court is offering guidance and workshops for all stakeholders involved in election disputes. A "Coaching Clinic" is also planned to enhance the skills of those handling these cases.
  3. Infrastructure Improvement: The MK is modernizing its facilities to accommodate the increased caseload and ensure efficient hearings.

To further mitigate potential conflicts of interest, the MK has instituted a panel system. Each panel consists of three justices, none of whom will adjudicate cases from their home regions. Pan Mohammad Faiz, Head of the Public Relations and Protocol Bureau, confirmed that all registered cases will be divided proportionally among three panels, ensuring no justice has a vested interest in a particular outcome.

In preparation for the upcoming hearings, justices will thoroughly review all registered disputes before the initial hearings begin on January 8, 2025. This proactive approach aims to ensure fairness and impartially in all proceedings.

These strategic measures by the Constitutional Court underscores its commitment to maintaining the integrity of the election process and upholding the rule of law in Indonesia.

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No Frivolity Allowed: MK Bans Spa for Entertainment

by Chief Editor
written by Chief Editor

Headline:
Constitutional Court Clarifies: Spa Services Are Not.matrix allowed

Jakarta, CNN Indonesia — The Constitutional Court (MK) has ruled that spa services, including sauna, in the Law Number 1 Year 2022 on State Budget (UU PKD) Article 55 paragraph (1) point l are not considered a form of entertainment, but rather a traditional healthcare service.

In its decision on the judicial review case (Permohonan Perundingan Konstitusi – PPK) of Law Number 1 Year 2022 on State Budget, the MK deemed that "spa/massage services" refer to traditional healthcare services and not entertainment or recreational activities. This interpretation comes in response to a challenge against Article 55 paragraph (1) point l of the aforementioned law, which had grouped spa services alongside discotheques, karaoke centers, nightclubs, and bars.

The Court highlighted that the existing classification of spas under the same category as entertainment facilities can create confusion and stigmatize traditional healthcare services. This, in turn, can discourage people from utilizing such services. In light of this, the MK concluded that spa services should be recognized as a part of traditional healthcare, which is deeply rooted in local traditions and is integral to the national healthcare system.

The Court’s decision is based on the understanding that traditional healthcare services encompass a holistic approach, combining traditional and modern treatments, including the use of water, aromatic therapies, physical exercises, color therapy, music therapy, and dietary adjustments. The primary goal of these services is to stimulate the five senses and achieve equilibrium between the body, mind, and spirit, ultimately promoting optimal health outcomes.

Emphasizing the need for a balanced approach, the MK stated that the challenged regulations in the law are partially justified, while the classification of spa services as a form of entertainment is not. The Court ruled that the challenged provisions in the law should be interpreted such that they do not conflict with the 1945 Indonesian Constitution (UUD NRI 1945).

Regarding the issue of tax rates applied to spa services, the MK noted that this falls within the purview of the lawmaking authority under the provisions of Article 23A of the 1945 Indonesian Constitution.

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**Anies Accepts Responsibility for MK’s Decision to Remove Prequalification Limit

by Chief Editor
written by Chief Editor

MK Strikes Down Presidential Threshold: Anies Baswedan Praises Student Activists

The Jakarta Post, February 2, 2025

In a historic ruling that promises to reshape the political landscape, the Constitutional Court (MK) has abolished the presidential threshold. The minimum 20% vote share or 25% of valid national votes required for a party to put forth presidential and vice-presidential candidates is no longer a hurdle. Anies Baswedan, former Jakarta Governor and prospective 2024 presidential candidate, lauded the four student activists behind the successful challenge.

"Among the names behind the persistent efforts to dismantle the presidential threshold sits four remarkable students from UIN Sunan Kalijaga Yogyakarta," Anies congratulated on his social media account. "Enika Maya Oktavia, Rizki Maulana Syafei, Tsalis Khoirul Fatna, and Faisal Nasirul Haq are not only bright students; they are champions of Indonesia’s democracy."

The MK’s decision, delivered by Chief Justice Suhartoyo, granted the students’ petition (No. 62/PUU-XXI/2023). It declared the threshold in the 2017 Election Law unconstitutional, stating it hindered equal opportunity for all parties to nominate presidential candidates.

"By removing this barrier, we level the playing field for all parties," remarked Vice Chief Justice Saldi Isra. "However, we also suggest that the House of Representatives and the government consider enforcing sanctions on parties that fail to nominate candidates in the next presidential election."

The ruling opens doors for more parties to nominate presidential candidates, potentially increasing democratic participation and competition. Yet, it also raises questions about how the new landscape will shape Indonesia’s political dynamics in the run-up to the 2024 elections.

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Luthfi-Yasin Officially Registered as Party in Jateng Gubernatorial Election Dispute at Constitutional Court

by Chief Editor
written by Chief Editor

Headline: Luthfi-Yasin Joins MK Sengketa as Andika-Hendi‘s Pilkada Challenge Continues

Subhead: Gubernatorial hopefuls Ahmad Luthfi-Taj Yasin file as related parties in MK saga, disputing Andika Perkasa-Hendrar Prihadi’s claims.

Article:

In a twist to the ongoing gubernatorial elections in Central Java, Ahmad Luthfi-Taj Yasin (Luthfi-Yasin), the ruling pair with a decisive victory, has joined Andika Perkasa-Hendrar Prihadi (Andika-Hendi) in the legal battle at the Constitutional Court (MK). Luthfi-Yasin, who won the election with a landslide, has now filed as a related party in the MK dispute, challenging Andika-Hendi’s grievances.

Luthfi-Yasin’s legal team, led by Heru Widodo, declared their intention to participate in the MK proceedings, stating, "As the winning pair with an overwhelming lead of over 3.5 million votes, we have a vested interest in providing our perspective and clarifying any misconceptions in the ongoing dispute."

The move comes after Andika Perkasa and Hendrar Prihadi launched a challenge against the Central Java Election Commission’s declaration of results, seeking the disqualification of Luthfi-Yasin. In their petition, Andika-Hendi allege electoral irregularities and unfair practices, a claim refuted by Luthfi-Yasin’s camp.

Widodo, speaking from the MK headquarters in Jakarta, iterated his camp’s stance: "We believe there have been no transgressions from our end. We aim to present facts and rectify any erroneous information circulating among the public. We trust the MK to deliver a fair verdict that will Validators the outcome and uphold the integrity of the elections."

Luthfi-Yasin’s intervention marks a significant development in the Java gubernatorial race, as both parties now square off in the prestigious Constitutional Court. The MK is expected to deliver a verdict that would either uphold the election results or pave the way for a fresh election.

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"Historic Shift: Indonesia’s MK Eliminates Presidential Threshold and Its Potential Impact on the Republic"

by Chief Editor
written by Chief Editor

Headline: Indonesia‘s Mahkamah Konstitusi Abolishes Presidential Threshold for Polls: More Candidates Expected in 2029

Article:

The Constitutional Court (MK) of Indonesia has struck down the presidential threshold, a requirement that presidential candidates must secure at least 20% of the seats in the House of Representatives (DPR) or 25% of the national valid votes in the previous legislative election to be eligible. This decision is set to increase the number of presidential hopefuls in the 2029 election.

In a ruling on case 62/PUU-XXI/2023 delivered on January 2, 2025, the MK, led by its chief Suhartoyo, abolished the threshold, citing that it contradicts the 1945 Indonesian Constitution and lacks legal binding power. The MK granted all demands from the petitioners – four lawyers from the Syariah and Law Faculty of UIN Sunan Kalijaga.

The presidential threshold, introduced in the 2017 Election Law, was aimed at ensuring that only larger parties could nominate presidential candidates. However, the petitioners argued that it violated the "one man one vote one value" principle by creating disparities in the weight of votes.

The MK agreed, stating that the value of votes should be determined within each election period. The presidential threshold, currently set at 20% of DPR seats or 25% of national valid votes, extends its influence across two election periods, potentially distorting democratic representation.

This ruling comes after a series of other cases challenging the constitutionality of the presidential threshold. These include case 129/PUU-XXI/2023, filed by Gugum Ridho Putra, case 87/PUU-XXII/2024, involving four lecturers, and case 101/PUU-XXII/2024, submitted by the Netgrit democracy activist and transparency foundation, represented by Hadar Nafis Gumay and Titi Anggraini.

The MK’s decision indicates that the presidential threshold contravenes political rights, popular sovereignty, and moral, rational, and highly intolerable unfairness principles cherished by the 1945 Constitution. Henceforth, presidential and vice-presidential candidates can be nominated by political parties or coalitions regardless of their seat or vote share in previous elections.

Eliminating the presidential threshold may open the door to as many as 30 presidential and vice-presidential pairs, says MK deputy chief Saldi Isra.

The presidential threshold was initially introduced as an additional regulation to strengthen the presidential system. It first appeared in the 2003 Law on the Election of the President and Vice President, with a threshold of 15% of DPR seats or 20% of national valid votes. This was subsequently raised to 25% of DPR seats or 20% of national valid votes in the 2008 Law. The current threshold was set in the 2017 Election Law.

With the MK’s decision, political parties and coalitions can now nominate more diverse presidential candidates, fostering greater choice and inclusivity in Indonesian democracy. This ruling is expected to shape the presidential landscape in the upcoming 2029 election.

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Revised Title: "The Shifting Presidential Threshold: A New Challenge for the Constitutional Court"

by Chief Editor
written by Chief Editor

Title: A Significant Shift: Mahkamah Konstitusi’s Decision on Presidential Threshold

Article:

In a surprising turn of events, the Constitutional Court (MK) has recently made a decision that differs from its past rulings regarding the presidential threshold. This threshold, known as the minimum 20% requirement for presidential candidates, has been a contentious issue for years.

The presidential threshold, as outlined in Article 222 of the 2017 Election Law, mandates that a presidential candidate must be nominated by a political party or a coalition of political parties that has secured at least 20% of parliamentary seats or 25% of the national vote in the previous legislative election.

Numerous attempts have been made to overturn this rule, with various arguments, but these efforts have been consistently rejected by the MK. However, the recent decision in early 2025 has altered this trajectory.

A Long History of Rejections

The MK has heard 36 cases challenging the presidential threshold since 2017. The earliest cases, such as those in 2017 and 2018, argued that the threshold favors established parties and discourages new ones, violating the constitutional right to equality. Another argument posited that the threshold is unconstitutional as it was not mandated by the 1945 Constitution.

Prominent figures like Rizal Ramli also joined these challenges. In 2020, Ramli argued that the threshold denied certain parties the right to nominate presidential candidates, violating their constitutional rights. Despite these efforts, the MK consistently dismissed these challenges.

A Turning Point in 2025

In early 2025, the MK, chaired by Suhartoyo, delivered a unexpected verdict in the case of No. 62/PUU-XXI/2023. The court struck down the presidential threshold, declaring it unconstitutional.

The MK reasoned that the threshold did not effectively simplify the number of participating parties in elections. Moreover, it benefitted larger parties with seats in the House of Representatives, potentially creating a conflict of interest.

"Democracy Thrives with More Options"

Wakil Ketua MK, Saldi Isra, went on to explain that maintaining the threshold could lead to a two-candidate system, which might polarize the electorate. He urged the government and the House of Representatives to revise the 2017 Election Law to eliminate the threshold and implement sanctions for parties that fail to nominate presidential candidates.

"Dissenting Voices"

While the majority of the MK agreed with the decision, two justices—Anwar Usman and Daniel Yusmic P Foekh—presented dissenting opinions. They argued that the MK had previously confirmed that only political parties participating in the election could challenge the presidential threshold, and that the threshold did not violate any constitutional rights.

Despite these dissenting voices, the MK’s decision marks a significant shift in the electoral landscape, potentially opening the door to a more diverse range of presidential candidates in future elections. (rdp/lir)

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Abolishment of 20% Nomination Threshold: A New Path for Indonesian Presidential Candidacy” OR “No More 20% Barrier: A New Road to Indonesian Presidency

by Chief Editor
written by Chief Editor

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)

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