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presidential threshold

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Joko Widodo’s Potential 2024 Rival, Ganjar, Prepares Ahead of PKB’s Decision on Presidential Limits

by Chief Editor
written by Chief Editor

Headline: PDIP‘s Ganjar Pranowo Calls for Party Preparation as MK Axe Presidential Nomination Threshold in Election Law

Subheadline: PDIP asks DPR and government to immediately revise the law following MK’s controversial decision.

Article:

In a significant development, the Election Law has been amended by the Constitutional Court (MK) following a request from civil rights advocate, Enika Maya Oktavia. The MK has struck down the 20% nomination threshold for presidential candidates, a norm established under the 2024 General Election Law (UU Pemilu).

The ruling has sparked a stir among political parties, with the Democratic Party of Struggle (PDIP) calling for all parties to prepare accordingly. PDIP’s Chairman, Ganjar Pranowo, urged all political parties to brace themselves in response to the MK’s decision.

"DPR RI and the government must immediately review the law following the MK’s decision," stated Dolfie, the Secretary of PDIP’s DPR faction. Although Dolfie hasn’t revealed PDIP’s stance on the MK’s ruling, he acknowledged the wide-ranging implications it poses to the election process.

Dolfie stressed the need for further examination, stating, "There are many implications, ranging from regulations, participants, presidential candidacies, and so on." Additionally, he highlighted the potential for controversy among political parties, given the MK’s history of fluctuating decisions on this matter, despite consistent challenges.

The MK’s official ruling, handed down by Chairman Suhartoyo, read, "We grant the applicants’ request in full." The MK’s decision has nullified Article 222 of the Election Law, asserting that it contravenes the 1945 Constitution and lacks binding legal force.

As political parties digest this unexpected change, they are likely to reevaluate their strategies and preparations for the 2024 elections. The upcoming months will be pivotal as parties navigate the new landscape shaped by the MK’s ruling.

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Golkar Secretary Shocked by MK’s Proposal to Lower Presidential Threshold to 20%

by Chief Editor
written by Chief Editor

Headline: Shocking Ruling: Indonesia’s Constitutional Court Abolishes Presidential Threshold for Presidential Candidates

Article:

In a monumental and unexpected decision, Indonesia’s Constitutional Court (MK) has ruled to abolish the presidential threshold, a requirement that had been in place since 2017. This decision is set to significantly alter the political landscape of the world’s fourth most populous country as it heads towards the next presidential election.

The MK, chaired by Suhartoyo, delivered the verdict in a session held at the court’s headquarters in Jakarta on Thursday, January 2, 2025. The ruling addressed Case No. 62/PUU-XXI/2023, granting all of the petitions put forth by the applicants.

The abolished presidential threshold, set at 20% of the total seats in the House of Representatives (DPR) or 25% of the national valid votes in the previous election, was a key requirement for candidates seeking the presidency and vice presidency. The threshold was implemented to ensure that presidential candidates had broad-based support, endeavoring to foster a robust and effective presidential system.

Sarmuji, the Secretary General of the Golkar Party, expressed his surprise at the MK’s decision. "We are startled by this MK ruling, given that their previous 27 rulings on this matter had consistently upheld the presidential threshold," he stated, adding, "Both the MK and the legislation have always agreed that the threshold was necessary to strengthen the presidential system."

The MK’s judgment declared that the provisions of the 2017 Election Law concerning the presidential threshold were unconstitutional, as they contravened the 1945 Constitution of the Republic of Indonesia. In effect, this reverses a significant regulatory hurdle that had previously been in place to vet presidential hopefuls.

The removal of the presidential threshold is expected to open up the playing field for the next presidential election, potentially changing the dynamics of Indonesia’s political scene. However, the practical implications and potential challenges that may arise from this decision remain to be seen.

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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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Presidential Nomination Threshold Eased: MK Scraps 20% Requirement

by Chief Editor
written by Chief Editor

Headline: Constitutional CourtDeclares Presidential Threshold in current Election Law Unconstitutional

Subhead: The Constitutional Court (MK) has ruled that the 20% presidential threshold, as stipulated in Article 222 of Law Number 7 of 2017 on General Elections, is unconstitutional.

Article:

In a landmark decision, the Constitutional Court (MK) has struck down the 20% presidential threshold requirement for candidates in Indonesia‘s general elections. The Court, led by Chief Justice Suhartoyo, announced its decision on Thursday, January 2, accepting a petition filed by Enika Maya Oktavia in case number 62/PUU-XXII/2024.

"The Court grants the petitioners’ request in full," Chief Justice Suhartoyo declared while reading the verdict. The Court also ruled that the presidential candidacy nomination process should not be based on the share of seats in the House of Representatives (DPR) or national valid votes.

In its ruling, the Constitutional Court found that Article 222 of the Election Law contradicts the 1945 Constitution and is therefore not legally binding. The Court ordered that its decision be published in the State Gazette as appropriate.

Two of the nine constitutional justices, Anwar Usman and Daniel Yusmic, dissented from the majority opinion. They argued that the petitioners lacked legal standing, suggesting that the Court should not have proceeded with the main issue of the petition.

The petitioners had challenged Article 222 of the Election Law, which sets a presidential threshold at 20% of DPR’s seats or 25% of national valid votes. This provision requires political parties or coalitions to meet these criteria to nominate a presidential candidate.

"Presidential candidates shall be nominated by political parties or coalitions that have secured at least 20% of DPR’s seats or 25% of national valid votes in the previous DPR election," the article states.

The Constitutional Court’s decision is a significant development in Indonesian politics, potentially reshaping the dynamics of the upcoming presidential election. Political parties and analysts are expected to assess the implications and respond to the ruling accordingly.

(thr/gil)

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MK Rules on Four Lawsuits Challenging Presidential Candidates’ Eligibility Today

by Chief Editor
written by Chief Editor

Headline: Constitutional Court to Rule on Presidential Threshold Challenges Today

Subhead: MK to decide on four petitions contesting the presidential election threshold set by Law No. 7/2017

Article:

In a significant development today, the Constitutional Court (MK) will announce its decision on four petitions challenging the presidential election threshold outlined in Law No. 7/2017. The hearings, scheduled for 2 March, will take place at the MK Court Building in Jakarta.

The petitions, registered under case number 62/PUU-XXII/2024, were filed by Enika Maya Oktavia and Yayasan Jaringan Demokrasi dan Pemilu Berintegritas (NETGRIT) and other individual plaintiffs. The core issue revolves around the constitutional adequacy of the presidential election threshold set by Article 222 of the 2017 Election Law, which requires political parties or coalitions to secure at least 20% of the House of Representatives’ (DPR) seats or 25% of the national valid votes to nominate a presidential candidate.

In their petitions, plaintiffs argue that the threshold undermines constitutional principles of democracy and equal opportunity. The MK previously adjudicated a similar case in February 2024, with Constitutional Justice Saldi Isra upholding the constitutionality of the threshold for the 27th time after dismissing five previous challenges and rejecting the remaining ones.

The MK’s verdict today will have considerable implications for the upcoming presidential election, potentially redrawing the political landscape and affecting the eligibility criteria for presidential candidates. Stay tuned for updates as the Constitutional Court delivers its decision.

(rzr/DAL)

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