presiden

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

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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.