Petitioner Dian Fitri Sabrina attending the preliminary judicial hearing of the presidential threshold requirement, Monday (5/8/2024). Photo by MKRI/Bayu

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Jakarta, MKRI—Four lecturers filed a material judicial review petition under Article 222 of Law No. 7 of 2017 on General Elections (General Election Law) against the 1945 Constitution to test the constitutionality of the presidential threshold in general elections.

"It essentially castrates the independence of political parties to nominate presidential and vice-presidential candidates. Political parties are systemically forced to merge parties to meet the requirements of obtaining at least 20 percent of the total seats in the People’s Representatives Council (DPR) or obtaining 25 percent of the national valid votes," said one of the Petitioners, Dian Fitri Sabrina, in the preliminary examination of Petition Number 87/PUU-XXII/2024 on Monday, August 5, 2024.

Besides Dian, other lecturers as Petitioners of this case include Muhammad, S Muchtadin, and Muhammad Saad. According to those who are also election activists, the threshold regulation makes the right to nominate presidential and vice-presidential candidates accessible only to election elites who have a high percentage in the previous election and closes access to political parties participating in the election with a low percentage who do not want to go into coalition.

Due to this provision, to meet the threshold, political parties with a small percentage of votes must build more coalitions, even with certain commitments. They do not have the opportunity or power to nominate their own candidates. Often, these parties only provide support to the winning party in nominating a presidential candidate.

Article 222 of the Election Law reads, "Candidate pairs are proposed by a political party or a combination of political parties participating in the elections that meet the requirements of obtaining at least 20% (twenty percent) of the total number of DPR seats or obtaining 25% (twenty-five percent) of the national valid votes in the previous DPR elections."

Justices’ Advice

This petition was heard by a panel of justices led by Deputy Chief Justice Saldi Isra, accompanied by Justice M Guntur Hamzah and Justice Arsul Sani. According to Justice Arsul, the Petitioners should be able to clearly describe the constitutional losses experienced by the enactment of the provisions being tested and strengthen their legal standing.

"Not mentioning merely because of the profession of the Petitioners as teachers, lecturers, from the electoral system, as well as activists who advocate for a better election, but also related to the constitutional loss of the Petitioner," said Arsul.

Deputy Chief Justice Saldi Isra gave 14 days to the Petitioners to improve the petition. The revised petition must be received by the Constitutional Court Registrar no later than Monday, August 19, 2024, at 13.30 WIB. (*)

Author: Mimi Kartika
Editor: Lulu Anjarsari P.
PR: Raisa Ayuditha Marsaulina

Translator: Rizky Kurnia Chaesario

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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