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Gerindra Shifts Stance, Now Supports Threshold Elimination

by Chief Editor January 7, 2025
written by Chief Editor

Title: Gerindra Shifts Stance on Presidential Threshold After Prabowo‘s Election

Jakarta, CNN Indonesia – Gerindra politician Wihadi Wiyanto has acknowledged that his party’s position on the recently abolished presidential threshold has shifted. The Constitutional Court (MK) officially scrapped the threshold via decision 62/PUU-XXII/2024 on February 1, allowing parties to endorse presidential and vice-presidential candidates without restrictions.

Wiyanto, a member of the House of Representatives’ Commission XI, acknowledged that Gerindra had previously supported the elimination of the presidential threshold in 2009. However, he maintained that circumstances have since changed with Prabowo Subianto‘s election and inauguration as president.

"Now that Pak Prabowo is president, he has a mission that he brought with him, and in light of this coalition, there are many things that must be communicated and considered among our coalition partners," Wiyanto stated.

Though Wiyanto dismissed suggestions that Gerindra was opposing the MK’s decision, he emphasized that the party respects the final and binding nature of the ruling. Nevertheless, he underscored the importance of debating the issue further within the House of Representatives.

"With the MK’s decision, we accept it. However, we must discuss how the political landscape will unfold in the future, as we are still in the early stages of this administration," Wiyanto added.

The MK’s decision scrapped the presidential threshold, enabling any party to endorse a candidate for president and vice president. To prevent an excessive number of presidential pairs, the MK recommended constitutional engineering, including the formation of coalitions that are not too dominant.

By Thai loh and Kid Nge

January 7, 2025 0 comments
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"elnational Race Unlocks: Can Party ‘X’ Field Presidential Candidates?"

by Chief Editor January 6, 2025
written by Chief Editor

Partai Jonnyuningrat Siapkan Calon Presiden, Payudi ke 2 MUDC Pernah Emit Token untuk Mencari Dana

January 6, 2025 0 comments
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Gen Z’s Unorthodox Tactics Upend Elite Plans in Regional and Presidential Elections

by Chief Editor January 5, 2025
written by Chief Editor

Title: Gen-Z Students‘ Legal Activism Garners Praise for Safeguarding Inauguration: Who's Who?</strong></p>”>Indonesian Democracy

In a significant turn of events, the legal activism of several students has earned widespread commendation for helping to prevent elitist political schemas in the upcoming 2024 regional elections and presidential election. These students, hailing from various universities and primarily belonging to Generation Z, have made history through their persistent pursuit of justice.

Dr. Titi Anggraini, a law lecturer at the University of Indonesia (UI) specializing in election law, has lauded the efforts of these students. Four students from UIN Sunan Kalijaga (Suka) Yogyakarta—Enika Maya Oktavia, Rizki Maulana Syafei, Faisal Nasirul Haq, and Tsalis Khoriul Fatna—filed a petition with the Constitutional Court (MK) challenging the presidential threshold, which was subsequently struck down as unconstitutional in a landmark decision (Nomor.62/PUU-XXII/2024).

Additionally, two UI students—.worked indirectly to prevent the acceleration of simultaneous regional elections in 2024, maintaining the original date of November 14, 2024. Moreover, a student from UIN Jakarta, A. Fahrur Rozi, successfully argued before the MK that the age requirement for regional heads should be based on the nomination stage, not the inauguration, as previously ruled by the Mahkamah Agung (MA).

These efforts, Dr. Anggraini noted, have not only shaped Indonesia’s legal landscape but also inspired hope for the future of the country’s democracy. "History is made by many of our Gen-Z, though not all get the spotlight. Our hope for Indonesia lies in them; we must protect and nurture their spirit."

Praise for these students also came from Anies Baswedan, former Governor of DKI Jakarta and presidential candidate in the last election. He lauded the students for "strengthening, not undermining, Indonesia’s democracy," adding that they offered "hope for Indonesia’s democratic future."

The Pusat Studi Hukum Konstitusi (PSHK) of the University of Islam Indonesia (UII) also heaped praise on the students and theMK for their courageous decision. Retno Widiastuti, a researcher at PSHK, commended the students for their "jihad konstitusional" and the MK for being the "guardian of the constitution and democracy."

Ex-MK Chief Jimly Asshiddiqie also welcomed the MK’s decision, hoping it would brighten the future of Indonesia’s democracy. "Finally, MK has abolished the 20% presidential threshold for the 2029 election. This is a New Year’s gift that brightens the future of our democracy."

These students’ efforts serve as a reminder of the crucial role young people play in shaping and safeguarding democracy. Their activism underscores the principle that every citizen has the power to influence and change the course of history. As the country looks towards the 2024 elections and beyond, the actions of these students serve as an inspiration for all Indonesians to actively participate in the democratic process.

January 5, 2025 0 comments
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Anies Baswedan Commends Students for Challenging Presidential Quota

by Chief Editor January 4, 2025
written by Chief Editor

Indonesian Democracy Booster: Anies Baswedan Praises Students’ Role in Axing Presidential Threshold

In a significant political development, former Jakarta Governor and potential presidential candidate Anies Baswedan has hailed the role of students from UIN Sunan Kalijaga Yogyakarta in abolishing the presidential election threshold. The Constitutional Court (MK) ruled in favor of the students, scrapping the 20% minimum vote threshold for presidential candidates.

Anies took to social media to commend the students, Enika Maya Oktavia, Rizki Maulana Syafei, Tsalis Khoirul Fatna, and Faisal Nasirul Haq, stating, "They are young people who strengthen Indonesian democracy, not those who undermine it." He further expressed that youth like them ignite new hope for Indonesia’s democratic future.

Previously, Article 222 of Law Number 7 of 2017 on General Elections required presidential and vice-presidential candidates to be nominated by political parties or coalitions securing at least 20% of seats in the House of Representatives or 25% of votes in the previous legislative election. The MK ruled that this article contradicts the Constitution, as it infringes on political rights and people’s sovereignty.

Now, any political party can nominate a presidential candidate. However, to prevent an excessive number of candidates, the MK recommended constitutional reforms, including encouraging parties to form coalitions while avoiding dominantly large coalitions.

(nis/vws)

January 4, 2025 0 comments
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"Eliminating the Presidential Threshold: Assessing the Quantity and Quality of Presidential Candidates"

by Chief Editor January 4, 2025
written by Chief Editor

Headline:
Indonesia: Constitutional Court Strikes Down Presidential Election Threshold; Experts Call for Reform

Subhead:
With the high threshold for presidential elections now declared unconstitutional, legal experts urge lawmakers to introduce stricter candidate selection processes.

Meta Description:
The Indonesian Constitutional Court has ruled against the presidential election threshold, raising hopes for a more democratic election process. Law experts call for tighter candidate selection by political parties.

Article:

The Indonesian Constitutional Court (MK) has made waves with its recent decision to struck down the presidential election threshold, potentially reshaping the nation’s political landscape. The move, welcomed by legal experts, highlights the need for political parties to adopt more rigorous candidate selection processes ahead of the 2024 elections.

In a unanimous decision (62/PUU-XXII/2024), the MK declared Article 222 of the Election Law, which sets a threshold for presidential candidates, unconstitutional. The threshold, which required a party or a coalition to secure at least 20% of the valid votes in the last legislative election or 25% of the seats in the legislature, was challenged by four law students from UIN Sunan Kalijaga in Yogyakarta.

The petitioners argued that the threshold hindered the public’s right to choose presidential candidates and undermined democracy. The MK agreed, stating that the threshold hindered public participation and the Representation of the People principle.

SEO Keywords: Indonesian politics, presidential election, Constitutional Court, MK, presidential threshold, democratic reform, candidate selection, political parties, 2024 elections.

Content:

In the wake of the MK’s decision, experts have called for political parties to implement stricter candidate selection processes to ensure that only qualified and representative figures can run for president. Titi Anggraini, a law professor at the University of Indonesia, suggests two primary models: a primary election system or internal party elections.

"Parties should have a robust system in place to vet and select their presidential candidates," Anggraini said. "This could involve a primary election process, or internal elections where party members vote for their preferred candidate."

Anggraini also emphasized the importance of requiring candidates to be party members for a minimum of five years before the election. This, she believes, would prevent political opportunists and ‘carpetbaggers’ from running for office on a whim.

The Yayasan Lembaga Bantuan Hukum Indonesia (YLBHI) also welcomed the MK’s decision, seeing it as a glimmer of hope for democratic reform. They cautioned, however, that the ruling alone is not enough to thoroughly address the issues plaguing Indonesia’s democratic system.

Member of the House of Representatives’ Commission II, Indrajaya, suggested stricter regulations for political parties, including limiting the number of parties that can field presidential candidates.

"Perhaps only parties that secure seats in the legislature can field presidential candidates," Indrajaya said. "Or, we could adopt a system where parties must form coalitions to nominate a candidate, but no single coalition can dominate the process."

The MK has urged the government and the DPR to take immediate action and revise relevant regulations in line with its ruling. The court stressed the importance of strengthening the protection of political rights and the sovereignty of the people in Indonesia’s democratic system.

As Indonesia looks ahead to the 2024 elections, all eyes are on the DPR and the government to ensure that the MK’s ruling leads to meaningful reform and a more democratic election process. The nation’s political parties must also play their part in promoting democracy by adopting rigorous candidate selection processes.

Addendum:

While the MK’s decision is a significant step forward for Indonesia’s democracy, it remains to be seen how the DPR and political parties will respond. The coming months will be crucial in determining whether the ruling leads to real change or remains merely a footnote in Indonesia’s political history.

End of Article

January 4, 2025 0 comments
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"Rare Decision: Supreme Court’s Verdict on Presidential Term Limits and Diverse Reactions"

by Chief Editor January 4, 2025
written by Chief Editor

Headline: MK’s Rare Ruling on Presidential Threshold Sparks Diverse Reactions

Subhead: Mahkamah Konstitusi’s decision to abolish the 20% parliamentary seat threshold for presidential candidates has sparked a range of reactions, with political parties and legal experts weighing in on the significant move.

Article:

In a surprising turn of events, the Constitutional Court (MK) has nullified the 20% parliamentary seat threshold for presidential candidates, a norm that has been in place since 2017. This groundbreaking decision, made public on January 2, 2025, has stirred up a hornet’s nest of reactions from various political parties and legal experts.

The Ruling

The court, led by chief justice Suhartoyo, ruled that Article 222 of Law No. 7/2017 on General Elections, whichmandated the 20% threshold, was inconsistent with the 1945 Constitution. The MK declared the article to be unenforceable, effectively reopening the presidential race to all political parties.

The Petitioners

This historic decision was the result of a judicial review filed by four students from UIN Sunan Kalijaga Yogyakarta: Enika Maya Oktavia, Rizki Maulana Syafei, Faisal Nasirul Haq, and Tsalis Khoirul Fatna. These law and sharia students successfully argued that the threshold discriminated against smaller political parties and hindered democratic representation.

Reactions from Political Parties

  1. Pancasila Masyarakat (PKB): Potential Controversy

PKB, a political party with a significant presence in parliament, has expressed concern about the potential controversies that may arise from the MK’s decision. Waketum PKB, Jazilul Fawaid, stressed that the ruling would likely spark diverse opinions, debates, and controversies, necessitating further deliberations in parliament and a potential revision of the election law.

  1. Demokrat Party (PDIP): Tighten Presidential Candidate Requirements

PDIP, led by its DPP Chairperson Said Abdullah, welcomed the MK’s decision but aired a different perspective. Instead of focusing on potential controversies, Said proposed tightening the qualifications for presidential candidates. He suggested that a constitutional clerkship, involving various state institutions and social figures, should evaluate candidates’ leadership, experience, knowledge, and integrity.

  1. Partai Amanah Nasional (PAN) and Partai Solidaritas Indonesia (PSI): Respect for the MK’s Decision

Both PAN, chaired by Zulkifli Hasan, and PSI, represented by its deputy chair Andy Budiman, respectfully accepted the MK’s decision. They lauded the court’s role in safeguarding constitutional rights and democracy, emphasizing that the ruling was final and binding.

  1. Partai Buruh: Independent Presidential Candidate

Partai Buruh, while welcoming the MK’s decision, signaled its intention to run an independent presidential candidate in the next election. The party’s Secretary-General, Ferri Nuzarli, expressed gratitude towards the MK and praised the petitioning students for their initiative in challenging the 20% threshold.

Implications

The MK’s ruling has not only reopened political debates and Competition among political parties but has also raised questions about election laws, party coalitions, and presidential qualifications. As discussions continue, one thing is clear: the political landscape in Indonesia is set to become even more dynamic in the run-up to the 2029 presidential election.

Tags: AK Party, MK, Presidential Threshold, 2029 Election, Indonesian Politics

January 4, 2025 0 comments
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News

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

by Chief Editor January 3, 2025
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.

January 3, 2025 0 comments
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"Constitutional Court Ruling Eliminates Presidential Voteshare Hurdle"

by Chief Editor January 3, 2025
written by Chief Editor

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.

Article

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)

January 3, 2025 0 comments
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Revised Title: "The Shifting Presidential Threshold: A New Challenge for the Constitutional Court"

by Chief Editor January 3, 2025
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)

January 3, 2025 0 comments
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PDIP’s Plan for a Constitutional Coalition After the Presidential Threshold Vanishes

by Chief Editor January 2, 2025
written by Chief Editor

PDIP Responds to MK’s Ruling: Proposes Constitutional Engineering via Party Coalition

Following the Constitutional Court’s (MK) decision to abolish the presidential threshold, which required a minimum of 20% of DPR seats or 25% of valid national votes in the previous election for presidential candidates, the opposition Democratic Party of Struggle (PDIP) has issued a response.

In compliance with the MK’s ruling, PDIP’s Chairman, Said Abdullah, initially pledged full obedience. However, he also highlighted the MK’s consideration to allow political engineering regarding presidential candidate nominations.

"Regarding this ruling, we, as a political party, fully submit and comply, as the MK’s decision is final and binding," Said told reporters on Thursday (2/1/2025). However, he noted that the MK had instructed the government and the DPR to regulate, through a new law, a system that would prevent an excessive number of presidential candidates, potentially undermining the direct election of the president and vice president by the people.

Said, who also serves as the Chairman of the DPR’s Budget Agency, suggested that the nomination process for presidential candidates and running mates could still involve cooperation or coalition between political parties, with non-parliamentary parties also included, as instructed by the MK.

"All political parties have the right to propose presidential and vice-presidential candidates, not based on their DPR seat or valid national vote percentage, but through cooperation or coalition among parties, as long as it does not lead to party dominance," Said explained. He believes this system can be established through constitutional engineering, as directed by the MK, involving all parties, including those without DPR representation.

PDIP aims to strengthen political support in the DPR for the elected presidential and vice-presidential candidates. According to Said, this can be achieved without compromising each party’s right to nominate presidential and vice-presidential candidates.

"The spirit of our deliberations on Article 222 of the Election Law in the DPR is to solidify political support for the elected presidential and vice-presidential candidates to facilitate their policy agenda, budget, and legislation," Said concluded.

Furthermore, PDIP proposed constitutional engineering to tighten the qualifications for presidential and vice-presidential candidates. According to Said, these qualifications could be evaluated by state institutions or representatives of public figures.

"The MK’s ruling on constitutional engineering can also be carried out by setting qualifications for presidential and vice-presidential candidates, such as leadership, public role experience, knowledge of governance, and integrity record," Said suggested. He proposed that these evaluations be conducted by representatives of state institutions and public figures as part of the qualification process for presidential and vice-presidential candidates.

The MK’s ruling in Case No. 62/PUU-XXI/2023, read out by Chief Justice Suhartoyo on Thursday (2/1/2025), declared that Article 222 of Law No. 7 of 2017 on General Elections, which established the presidential threshold, is inconsistent with the 1945 Constitution and has no legal force. The MK granted all requests in the case.

In its consideration, the MK suggested that the government and the DPR revise the Election Law to regulate the number of presidential and vice-presidential candidates, preventing excessive nominations from undermining the direct election process by the people.

This article is derived from a news report published by Detik and has been edited for clarity and SEO optimization.

January 2, 2025 0 comments
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