The Constitutional Court Decides to Eliminate the Presidential Nomination Threshold, Considered Contradictory to the Constitution

Kapanlagi.com - The Constitutional Court (MK) has just issued a historic ruling that eliminates the presidential threshold provision stated in Article 222 of Law Number 7 of 2017 on General Elections (Election Law). This decision affirms that the provision is contrary to the 1945 Constitution of the Republic of Indonesia, which has been the main basis for the implementation of democracy in the country.

This ruling is expected to bring a breath of fresh air and significant changes in the nomination process for president and vice president in the future. This step was taken after the MK considered various lawsuits filed by several parties, including students, lecturers, and civil society organizations. They argued that the presidential nomination threshold has hindered the political rights of the people.

In the view of the MK, the threshold has the potential to limit voter choices and create polarization within society. The ruling was pronounced on Thursday, January 2, 2025, in the MK Plenary Courtroom. In its decision, the MK emphasized that the elimination of the presidential threshold is a strategic step to guarantee the political rights of the people and to expand public participation in the democratic process.

1. Background of the Presidential Threshold Lawsuit

Article 222 of the Election Law has become a hot topic among academics, politicians, and the general public, sparking an ongoing debate. This regulation stipulates that presidential and vice-presidential candidates can only be proposed by political parties or coalitions that control 20% of the seats in the DPR or 25% of the valid national votes, a provision that is seen as stifling the participation of smaller parties and creating injustice.

Since 2017, various parties have filed lawsuits, including four students from the Faculty of Sharia and Law at UIN Sunan Kalijaga, who argue that this article contradicts the principle of "one man one vote one value," where the people's votes are not fully represented. They also argue that this regulation reinforces the dominance of large parties in Indonesia's democratic system.

Interestingly, as of February 2024, the Constitutional Court has recorded 27 challenges to this article, although most lawsuits have been rejected, the changing perspectives of the Constitutional Court indicate a deep reflection on the impact of this provision.

2. Reasons for the Constitutional Court to Remove the Presidential Threshold

The Constitutional Court (MK) has just issued a ruling that shakes the political landscape of the country: the presidential threshold is declared contrary to Article 6A paragraphs (1) and (2) of the 1945 Constitution of the Republic of Indonesia.

In the tense hearing, constitutional judge Saldi Isra emphasized that this threshold not only limits the sovereignty of the people but also harms the political rights of citizens to choose diverse presidential candidates.

He reminded that this rule has the potential to create polarization and lead to the emergence of a single candidate, which could ultimately reduce political participation among the public.

Saldi also asserted that if this condition is allowed to persist, the true meaning of Article 6A could fade, threatening the constitutional goal of strengthening the sovereignty of the people and expanding participation in the democratic process.

The removal of the presidential threshold is an important step to maintain the balance of democracy and protect the diversity and integrity of the Indonesian nation.

3. Impact of the Constitutional Court's Decision on the Election System

With the removal of the presidential threshold, political parties now have the freedom to nominate presidential and vice-presidential pairs without being bound by a specific percentage limit. This could be a fresh breeze that enhances the diversity of candidates in the upcoming elections.

However, the Constitutional Court also issued a warning that the abundance of candidates could pose its own challenges. In its view, the court encourages lawmakers to design nomination mechanisms that still uphold the quality of democracy.

4. Public and Expert Responses to the Constitutional Court's Ruling

The Constitutional Court's (MK) ruling has triggered a wave of diverse reactions from various segments of society. Academics and civil society organizations welcomed it enthusiastically, viewing it as a positive breakthrough for the advancement of democracy in Indonesia, which is expected to reduce the dominance of major parties in the political arena.

On the other hand, there are concerns about the emergence of political fragmentation due to the many candidates appearing. Some observers emphasize the importance of political education for the public, so they can make wise and rational choices amid the diversity of available options.

5. Recommendations from the Constitutional Court for Future Election Regulations

The Constitutional Court provides guidelines to lawmakers for drafting constitutional engineering that ensures a balance between the number of candidates and the quality of democracy. Some recommendations proposed by the Constitutional Court include:

• All political parties participating in the election have the right to propose candidates without percentage limitations.
• The proposal of candidates must not create dominance for a particular party.
• Political parties that do not propose candidates will be sanctioned with a prohibition from participating in the next election.

This step is expected to create a fair electoral system that fully reflects the sovereignty of the people.

6. What is the presidential threshold?

The presidential threshold, or what is known as the presidential threshold, is the minimum requirement that must be met by a political party or coalition of parties to be able to propose a pair of presidential and vice-presidential candidates.

7. Why did the Constitutional Court remove the presidential threshold?

The Constitutional Court (MK) has taken a bold step by removing the presidential threshold, a decision deemed to violate the 1945 Constitution of the Republic of Indonesia. This move is seen as an effort to restore the political rights of the people and to avoid increasingly sharp polarization within society.

8. What is the impact of removing the presidential threshold?

With the removal of this limitation, more pairs of presidential and vice-presidential candidates can now enliven the political stage. However, this step must be balanced with strict regulations to ensure that the quality of democracy is maintained and not eroded by an excessive number of candidates.

9. What are the Constitutional Court's recommendations for future elections?

The Constitutional Court (MK) has issued important recommendations aimed at creating a healthier democratic climate. With this step, the MK aims to prevent the dominance of certain parties, ensuring that every political party has a fair and equal opportunity to nominate its candidates.

(kpl/rmt)