Democrats Ask The Constitutional Court To Lower The Terms For Presidential Candidates Below 20 Percent

JAKARTA - The Democratic Party welcomes the decision of the Constitutional Court (MK) which abolished the parliamentary threshold of 4 percent.

The Democratic Party even asked the Constitutional Court to also lower the presidential nomination threshold (presidential threshold) under a 20 percent provision.

Deputy of BalitbangPartaiDemocrat, Syahrial Nasution hopes that the Constitutional Court's decision which orders the 4 percent parliamentary threshold to be changed before the 2029 election can open up opportunities for the lower requirements for submitting presidential and vice-presidential candidates in 2029.

According to him, this threshold reduction needs to provide many choices for the people in the presidential election. Moreover, he said, there were many lawsuits against the provisions on the threshold for the nomination of the deceased.

"Well, hopefully, opportunities for technical implementation will be looser. At least PT 20 percent for the requirements for submitting the 2029 presidential election can be suppressed or lowered," Syahrial told reporters, Friday, March 1.

According to Syahrial, the reduction of the 20 percent provision will have a good impact on democracy and politics in the country. In particular, it provides opportunities for prospective national leaders who are competent but hindered by the requirements for supporting political parties.

"The quality of the candidates to be displayed can be more competitive and the majority of the tyrannical pressures in parliament can be eliminated," explained Syahrial.

Constitutional Court Judge Enny Nurbaningsih emphasized that his party would not eliminate the provisions of the parliamentary threshold or parliamentary threshold regulated in Law Number 7 of 2017 concerning Elections (UU Pemilu). According to the Constitutional Court, parliamentary thresholds are still needed, but must be prepared with a clear and comprehensive study method.

This was conveyed by Enny to clarify the contents of the verdict of case 116/PUU-XXI/2023 which had been read out by the Constitutional Court in a plenary meeting in the Court courtroom, Thursday (29/2/2024). This case was filed by the Association for Elections and Democracy (Perludem).

"The decision Number 116 does not eliminate the threshold as can be read from the verdict," said Enny, Friday, March 1.

Enny said the Constitutional Court handed over to lawmakers to regulate parliamentary thresholds and determine the percentage figure. Most importantly, said Enny, the parliamentary threshold figure is rational by referring to a clear and comprehensive study method.

"That the threshold and the amount of the percentage figure are submitted to the legislators to determine a rational threshold with a clear and comprehensive study method so that they can minimize the higher disproportionity which causes many legitimate votes to be wasted so that the proportional system used, but the election results are disproportionate," explained Enny.

Related to this, continued Enny, in the decision of case number 116, the Constitutional Court asked lawmakers to change the 4 percent parliamentary threshold regulated in Article 414 paragraph (1) of Law Number 7 of 2017 concerning Elections, with rational numbers. This 4 percent parliamentary threshold revision process was carried out before the 2029 election.

"Therefore, for the 2029 General Election and so on, a threshold must be used with the percentage amount that can solve the problem (an increasingly high disproportionality that causes many legitimate votes to be wasted)," concluded Enny.