Nusantara Awakening Party Chairman I Gede Pasek Suardika at the ruling hearing of the judicial review of the Election Law, Thursday (3/30/2023). Photo by MKRI/Ifa.

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JAKARTA (MKRI) —Article 222 of Law No. 7 of 2017 on General Elections is intended to regulate the minimum threshold of vote acquisition as a requirement that applies to political parties or coalitions of political parties participating in the election that have participated in the previous election in proposing presidential ticket candidates. Meanwhile, political parties that have never participated in the general election and would only be participating since the 2024 Election, including the Nusantara Awakening Party (PKN), can merge or make a coalition with other political parties who have passed the presidential threshold. This was one of the Constitutional Court’s (MK) considerations, read out by Constitutional Justice Wahiduddin Adams on Thursday, March 30, 2023 in the plenary courtroom, at the ruling hearing for case No. 16/PUU-XXI/2023 by PKN.

The Court declared the petition inadmissible because the provisions in Article 222 of the Election Law cannot apply to the Petitioner. More clearly, Justice Wahiduddin said, the provisions concern requirements for proposing presidential tickets based on the acquisition of DPR (House of Representatives) seats or national valid votes in the previous House elections. This does not necessarily hinder the Petitioner’s constitutional rights as a new political party to nominate presidential tickets in the upcoming election. the Petitioner can still join other political parties or coalition that have met the threshold.

“Based on those facts, the Court concludes that it has the authority to hear the petition. The Petitioner did not have legal standing to file the petition and the merits of the petition are not considered,” said Chief Justice Anwar Usman reading out the conclusion alongside Deputy Chief Justice Saldi Isra and the other seven constitutional justices.

PKN Election Contestant

Meanwhile, Constitutional Justice Saldi Isra had a dissenting opinion on the Petitioner’s legal standing. He asserted that the Petitioner had a direct interest in the process and procedure for nominating presidential tickets. Based on the KPU (General Elections Commission) Decision No. 518 of 2022 on the certification of political parties participating in the election of the House of Representatives, Regional Legislative Council, and the Aceh local political parties contesting in the election of the Aceh Legislative Council and Regency/City Legislative Council of 2024 dated December 14, PKN had been certified as a party contesting in the 2024 Election.

“Therefore, constitutionally, there is not enough ground to declare the Petitioner not meeting requirements as regulated in the provisions of Article 6A paragraph (2) of the 1945 Constitution. This means that as a contesting party in the 2024 Election, there is no doubt for the Petitioner to file a judicial review on the constitutionality of Article 222 of Law No. 7 of 2017,” he said.

Also read: PKN Challenges Right to Nominate Presidential Tickets

PKN questioned the discrimination against political parties who nominate presidential tickets. Contesting political parties, the party asserted, must be interpreted differently in each election although the majority of them participate frequently, meaning that all of them, frequent participant and new ones, must register come election. Consequently, any party failing to register cannot join the election despite having representatives in parliament in the previous term.

The party believed, with the decision for simultaneous legislative and presidential election, it would be odd to require the registration of presidential tickets based on voters’ data of a previous election, when the voting process is based on voters’ data for the current election. This would show inconsistency, especially as voters’ data is an essential element in elections.

The simultaneity of election, PKN argued, must follow Article 6A paragraph of the 1945 Constitution, which authorized contesting parties to nominate presidential tickets without any additional requirements, while Article 222 of the Election Law regulates requirements for presidential threshold based on seats or valid votes, which the Court believes to be an open legal policy. Therefore, the provision must not eliminate the constitutional rights of other contesting political parties who cannot choose between seats and valid votes.

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Raisa Ayuditha
Translator  : Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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