Inp.polri.go.id - Jakarta. The Constitutional Court has annulled the presidential threshold requirement outlined in Article 222 of Law No. 7 of 2017 on General Elections, citing its incompatibility with Indonesia’s Constitution.

"The petition is fully granted," Constitutional Court Chief Justice Suhartoyo said during the verdict announcement in Jakarta on Thursday (2/12/2024).

The 20% seat requirement in the House of Representatives (DPR) or equivalent popular votes for nominating presidential and vice-presidential candidates was deemed unjust. 

Constitutional Court Deputy Chief Saldi Isra explained that the threshold undermined political fairness by excluding newly-eligible parties from proposing candidates, which contradicts their constitutional rights.

He  added that the threshold failed to simplify Indonesia’s political landscape, instead fostering polarization by limiting elections to only two candidate pairs, endangering national unity. The court emphasized that legislative and presidential elections, although held concurrently, represent distinct voter mandates.

Two justices, Anwar Usman and Daniel Yusmic P. Foekh, dissented. The petitioners were students from UIN Sunan Kalijaga, according to antaranews.com.

The decision marks a departure from previous rulings, with MK declaring that any nomination threshold contradicts Article 6A(2) of the Constitution.

(mg/inp/pr/nm)