The Petitioners during the revision hearing for Case Number 90/PUU-XXIII/2025 for the Material Testing of Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2014 concerning the Election of Governors, Regents and Mayors into Law, Tuesday (17/6/2025). Photo by Public Relations/Bay

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JAKARTA (MKRI) - Deputy Chief Justice of the Constitutional Court Saldi Isra together with Constitutional Justice Ridwan Mansyur and Arsul Sani again held a judicial review hearing on Article 40 paragraph (1) of Law No. 10 of 2016 on the Second Amendment to Law No. 1 of 2015 on the Stipulation of the Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governors, Regents, and Mayor into Law to the Constitutional Court. The hearing of Case No. 90/PUU-XXIII/2025 filed by Khalid Isryad Januarsyah (Petitioner I), Robby Ardiansyah (Petitioner II), Zamroni Akhmad Affandi (Petitioner III), Panji Muhammad Akbar (Petitioner IV), Zahira Nurmahdi Hanafiah (Petitioner V), Muhammad Azis (Petitioner VI), Muhammad Faisal Hamdi (Petitioner VII), and Hasan Kurnia Hoetomo (Petitioner VIII).

Gilang Muhammad Mumtaz as the legal counsel of the Petitioners stated that he had added the article being tested, namely Article 41 of Law 10/2016 concerning the threshold for individual candidates. Next, the Petitioners also added evidence in the form of the Permanent Voters List (DPT) from each Petitioner as a voter; added a description that contested the article being tested toward the 1945 Constitution of the Republic of Indonesia; and a comparison of the threshold from time to time for individual candidates and/or political parties; added a description related to the background of the birth of individual candidates from the Constitutional Court Decision Number 5/PUU-V/2007.

"Then, in terms of rationality, the threshold provisions for nominating regional heads do not have a methodologically rational reason, so that there is a review by the legislators regarding the threshold provisions for nominating regional heads, either through political parties or individual candidates," explained Gilang, who was presented along with the Petitioners in the Panel Courtroom.

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Removing the Electoral Threshold for Regional Election Candidates

On the preliminary hearing, last Wednesday (4//6/2025), the Petitioners argued that after the Court’s Decision No. 60/PUU-XXII/2024, there are similarities among the principles of the general and regional elections, so that the discourse on the categorization of the regional election as a general election and it implication led to the enactment of Law No. 22 of 2007 on the Organzation of the General Election. The norm implicitly states that the regional election regime is included in the general election regime. It was then followed by the use of the new term, the general election of heads and deputy heads of the region.

According to the Petitioners, the provisions regarding the electability of regional head candidates, who are directly voted for by the people, are similar to those for the presidential and vice presidential elections, which are also strengthened by the Court’s Decision No. 55/PUU-XVII/2019. Through the Decision, there is a lengthy discussion on the sustainability of the election regime in Indonesia, encompassing both the General and Regional Elections. Similarly, the provision regarding the threshold required to propose candidates for the regional election, who are from a political party or coalition of political parties participating in the general election, and the people’s participation must be reassessed.

In their petitums, the Petitioners requested that the Court declare Article 40 paragraph (1) of Law No. 10 of 2016 on the Second Amendment to Law No. 1 of 2015 on the Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governors, Regents, and Mayors as interpreted by the Constitutional Court’s Decision No. 60/PUU-XXII/2024 contrary to the 1945 Constitution of the Republic of Indonesia and does not have legally binding force as long as it is not interpreted as “a political party or coalition of political parties participating in general election may propose candidate pairs.” 

 

Read more: Revised Petition No. 90/PUU-XXIII/2025 in the Indonesian language

 

Author: Sri Pujianti.

Editor: N. Rosi.

PR: Andhini SF.

Translator: SO

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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