MA Accepts PKPU Material Tests Related To Women's Representation

JAKARTA - The Supreme Court (MA) granted the request for a judicial review of the General Election Commission (PKPU) Regulation Number 10 of 2023 concerning the Candidacy of Members of the DPR, Provincial DPRD, and Regency/City DPRD regarding the calculation of the representation of female candidates in the legislature.

The judicial review was submitted by the Association for Elections and Democracy (Perludem) which sued Article 8 paragraph (2) of PKPU Number 10 of 2023.

"Granted the objection from the petitioners," reads the Supreme Court's decision as quoted from the Release of Case Number 24 P/HUM/2023 quoted by ANTARA, Wednesday, August 30.

The verdict was decided on Tuesday (29/8) by the panel of judges chaired by Irfan Fachruddin and as members of the assembly, namely Bright Bangun and Yodi Martono Wahyunadi.

The article requested for the judicial review regulates the calculation of 30 percent of the prospective female legislative members, which in terms of calculations produces fractional figures.

"In the event that the calculation of the 30 percent number of potential female candidates in each electoral district produces a fractional figure, then if the two decimal bins behind the coma are worth: (a) less than 50 (fifty), then the calculated results are reviewed downwards; or (b) 50 or more, the calculated results are collected up," reads the article.

The petitioners considered that the article was contrary to Law Number 7 of 2017 concerning General Elections and Law Number 7 of 1984 concerning the Ratification of Conventions concerning the Elimination of All Forms of Discrimination Against Women (Convention on The Elimination of All Forms of Discrimination Against Women).

Therefore, the petitioners asked that articlea quo not have binding legal force as long as it is not interpreted by rounding up in terms of counting producing fractional numbers.

Previously, the petitioners, consisting of Needdem, Indonesian Women's Coalition (KPI), Hadar Nafis Gumay, Titi Anggraini, and Wahidah Suaib, registered the judicial review of Article 8 paragraph (2) PKPU Number 10 of 2023 to the Supreme Court on June 5, 2023.

The application for the judicial review was recorded on June 13, 2023, and was distributed on August 7, 2023. Thus, the process of terminating Perkara Number 24 P/HUM/2023 is 23 days.