Tri Makno (Petitioner) delivering his petition at the preliminary hearing for the material judicial review of Law No. 2 of 2011 on the Political Party, Thursday (9/25/2025). Photo by MKRI/Panji.

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JAKARTA (MKRI) — The Constitutional Court (MK) held the preliminary hearing for the material judicial review of Article 4 of Law No. 2 of 2011 on the Amendment to Law No. 2 of 2008 on Political Parties on Thursday, September 25, 2025. The petition No. 166/PUU-XXIII/2025 was filed by Tri Makno.

The Petitioner, who appeared at the hearing without legal counsel, highlighted the low level of public trust in political parties, as reflected in a polling by Indikator Politik Indonesia in January 2025. He also mentioned the demonstrations calling for the dissolution of the House of Representatives (DPR) some time ago, which he said arose from public disappointment with the performance of political parties.

“The lack of public trust cannot be separated from the prevalence of corruption cases involving politicians, the lack of organizational transparency, and the minimal orientation toward the people’s interests. Public trust is not only about reputation but also a form of social capital for the sustainability of democracy,” he said.

In his petition, he argued that Article 4 of the Political Party Law is contrary to Article 1 paragraph (2) of the 1945 Constitution and inconsistent with the articles of association/bylaws (AD/ART) of political parties. He emphasized that although the AD/ART guarantees members the right to elect party executives and legislative candidates, the law does not regulate a “one member, one vote” mechanism.

He claimed that the absence of such a mechanism risks perpetuating internal oligarchy in which power is concentrated in the hands of a handful of party elites. “In fact, the principle of decentralization has proven to improve the quality of public services in the executive. Political parties, as pillars of democracy, should apply the same model,” he stressed.

The Petitioner also proposed the practical implementation of internal party democratization, among others, through the use of e-voting technology, digital membership applications, and the involvement of the General Elections Commission (KPU) as a technical facilitator.

Therefore, he requested that the Court declare Article 4 of the Political Party Law unconstitutional. He also requested that the Court annul the provisions of the Political Party Law that do not require a “one member, one vote” mechanism and the decentralization of party authority. Furthermore, he asked the Court to order the House and the Government to revise the Political Party Law by including clauses on the direct election of party executives and the decentralization of party structures, facilitated by the KPU.

Justices’ Advice

Responding to the petition, Constitutional Justice Arief Hidayat advised the Petitioner to further study the procedure for filing a petition in accordance with Constitutional Court Regulation (PMK) No. 7 of 2025. “You can look at examples of petitions on the Constitutional Court’s website. Please refer to the PMK so that you can properly prepare your petition,” he said.

Before adjourning the session, the panel gave the Petitioners 14 days to revise the petition, which must be submitted to the Registrar’s Office no later than Wednesday, October 8 at 12:00 WIB.

Author       : Utami Argawati
Editor        : Nur R.
PR            : Raisa Ayuditha Marsaulina
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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