Petitioners’ Legal Counsel, M. Malik Ibrahim, attending the panel hearing of the petition’s revision on Law No. 7 of 2017 on General Elections, Tuesday (7/16/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another judicial review hearing of Law No. 7 of 2017 on General Elections (Election Law) petitioned by Didi Apriadi, a member of the United Development Party (Partai Persatuan Pembangunan, PPP).

In case No. 45/PUU-XXII/2024, he questions Article 414 paragraph (1) of the Election Law, which reads, “A political party contesting in a legislative election must reach the electoral threshold, which is 4% (four percent) of the national number of valid votes, in order to be included in the seat allocation for DPR members.”

At this petition revision hearing, legal counsel M. Malik Ibrohim stated that the petition had been revised following the panel’s advice at the preliminary hearing. “First, from the systematics for the subject matter, we have adjusted it with the addition of sentences as interpreted by the Constitutional Court in Constitutional Court number 116 and so on. Then, secondly, for the substance directly in the subchapter of legal standing, we strengthen it with the addition of points 4,6,10, to 13, Your Honor,” said M. Malik Ibrohim before the hearing led by Constitutional Justice Arief Hidayat.

The Petitioner also revised the posita section. Malik said arguments in numbers 1, 2, 4, and 5 were added, as well as points 8 and 48 to 52.

Also read: PPP Member Challenges Parliamentary Threshold

At the preliminary hearing on Wednesday, July 3, legal counsel M. Malik Ibrohim explained that the Petitioner’s party (PPP) had garnered 5,878,777 nationally in the DPR (House of Representatives) election in 2024, or 3.87% of total votes. Due to the implementation of the provision on the four-percent parliamentary threshold, the votes for the PPP were not counted. The Petitioner emphasized that the petition and similar previous petitions are not ne bis in idem.

The Petitioner believes that as long as a quo norm is in force, there will be a disproportion or imbalance of voters' votes and the number of political parties in the DPR. Furthermore, he believes that without any conversion of the voters’ votes into DPR seats, a quo norm is against popular sovereignty.

The Petitioner concluded that the parliamentary threshold based on Article 414 paragraph (1) of the Election Law has caused constitutional harm to the Petitioner and his political party. Thus, in the petitum, he requests that the Court declare it unconstitutional and has no binding legal force since the 2024 DPR election. 

Author            : Utami Argawati
Editor             : N. Rosi
PR                 : Raisa Ayuditha Marsaulina
Translators     :Jihan Nibras/Rizky Kurnia Chaesario/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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