3 months ago
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January 2, 2025 | 06:04 pm
TEMPO.CO, Jakarta - The Constitutional Court has abolished the 20 percent presidential threshold, the minimum vote share required for nominating presidential and vice-presidential candidates. This decision was announced during the reading of the verdict for case number 62/PUU-XXII/2024 on Thursday, January 2, 2025.
“Granting the petition of the applicants in its entirety,” declared Chief Justice of the Constitutional Court Suhartoyo during the reading of the verdict at the Constitutional Court Building in Jakarta.
Suhartoyo explained that Article 222 of Law Number 7 of 2017 concerning General Elections, State Gazette of the Republic of Indonesia of 2017 number 182, and additional State Gazette of the Republic of Indonesia number 6109, were deemed contrary to the 1945 Constitution of the Republic of Indonesia and therefore lack binding legal force.
Constitutional Court Judge Saldi Isra further elaborated that the establishment of this threshold also violates principles of morality and rationality and constitutes an intolerable injustice that directly contradicts the 1945 Constitution. He explained that this reasoning prompted the Constitutional Court to depart from its previous rulings on the matter.
“The shift in stance is not only related to the size or percentage of the threshold but what is much more fundamental is the threshold regime for proposing presidential and vice-presidential candidate pairs,” Saldi Isra said.
He asserted that the provisions of the presidential and vice-presidential nomination threshold contradict several articles of the Constitution, including Article 6A paragraph 2 of the 1945 Constitution of the Republic of Indonesia.
“The presidential threshold, regardless of the size or percentage, is contrary to Article 6A Paragraph 2 of the 1945 Constitution of the Republic of Indonesia,” he affirmed.
This petition was originally filed by four students from the Faculty of Sharia and Law at UIN Sunan Kalijaga: Enika Maya Oktavia and others. The petitioners argued that the principle of "one man, one vote, one value" was violated by the existence of the presidential threshold.
They contended that the threshold creates a deviation from the "one value" principle because the value of a vote does not consistently hold the same weight. Ideally, according to the petitioners, the value of a vote should follow the relevant election period.
However, in the case of the presidential threshold, the value of votes cast in previous elections is used to determine eligibility in subsequent elections, potentially leading to a distortion of representation within the democratic system. This, they argued, demonstrates an imbalance or deviation from the periodic principle, which dictates that the value of a vote should be proportionally tied to each individual election period.
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