The Constitutional Court Decides That The 4 Percent Parliamentary Threshold Must Be Changed Before The 2029 Election

JAKARTA - The Constitutional Court (MK) has decided that the parliamentary threshold of 4 percent must be changed before the 2029 election. However, the 4 percent parliamentary threshold still applies to the 2024 General Election.

This decision is related to the judicial review submitted by Needdem. The petitioner questioned Article 414 paragraph (1) of the Election Law which stated, "The Political Party of Election Contestants must meet the threshold for vote acquisition of at least 4% (four percent) of the number of valid votes nationally to be included in determining the seat acquisition of DPR members".

The Constitutional Court in its decision stated that the norm of Article 414 paragraph 1 of Law Number 7 of 2017 concerning Elections is constitutional as long as it remains valid for the 2024 DPR Election and conditional constitutional to be enforced in the 2028 DPR Election and the next election as long as changes to parliamentary threshold norms and the number or percentage of parliamentary thresholds have been made.

"Based on the decision of the Constitutional Court Number 116/PPU-XXI/20223, the norm of Article 414 paragraph 1 of Law 7,2017 has a new meaning that has been in effect since the decision of the Constitutional Court Number 116/PUU-XXI/2023," reads the Constitutional Court's legal considerations.

The Constitutional Court explained that the a quo norm, namely the 4 percent parliamentary threshold, still applies to the 2024 election, but the a quo norm substation has undergone a change in meaning.