Questioning The Constitutional Court's Decision, Deputy Chairman Of Commission II Of The DPR: Revision Of The Election Law Can't Be Done Now

Deputy Chairman of Commission II of the DPR RI, Yanuar Prihatin, said that the Constitutional Court's Decision (MK) Number 116/PUU-XXI/2023 regarding the provisions of the parliamentary threshold of four percent of national valid votes regulated in Law Number 7 of 2017 concerning General Elections would be an important note for his party.

"Commission II has not specifically discussed this topic, but in time it will certainly be an important note. If the revision of the Election Law cannot be carried out during the DPR period now, at least there are great materials for discussion at the DPR for the next period," Yanuar said as quoted by ANTARA, Sunday, March 3.

However, Yanuar said that the 2024 General Election, provisions of Article 414 paragraph (1) of the Election Law, still apply.

"That the parliamentary threshold is still four percent. So, no longer interpret that the 2024 parliamentary threshold has changed," he said.

Yanuar explained that the Constitutional Court's decision did not specifically mention the amount of a certain figure for the parliamentary threshold, so that the DPR and the government still have the freedom to set new figures for the parliamentary threshold.

"Only the amount of this figure must have a solid basis of argument. It is no longer just a political agreement between the DPR and the government," he said.

Meanwhile, he said that the implementation of the threshold for the 2029 election would have to refer to the new Election Law, so that the current Election Law must be revised.

This is because, he said, the Constitutional Court's decision did not immediately apply before there was a change in the norms in the law.

"I think the revision of the Election Law should no longer be partial, but must be complete and comprehensive. Don't be like now, the revision is going back and forth in accordance with orders and a temporary sense of interest," he said.

Previously, the Constitutional Court granted part of the Needdem judicial review lawsuit regarding the provisions of the parliamentary threshold of four percent of the national legal votes regulated in the Election Law.

"Granted the Petitioner's petition in part," said Chief Justice of the Constitutional Court Suhartoyo reading the verdict at the Plenary Court Session which was monitored online in Jakarta, Thursday (29/2).

The Constitutional Court has decided that the norm of Article 414 paragraph (1) of the Election Law is constitutional as long as it remains valid for the 2024 DPR Election and conditional constitutional to be enforced in the 2029 DPR Election and the next election, as long as there has been a change in the parliamentary threshold by referring to the predetermined requirements.

In the legal consideration read out by Deputy Chief Justice of the Constitutional Court, Saldi Isra, the Constitutional Court did not find a rationality basis in determining the figure or percentage of at least four percent referred to in the article.

Saldi also said that the parliamentary threshold also had an impact on the conversion of valid votes into the number of seats in the DPR related to the proportionality of election results.

"Thus it is realized or not, whether direct or not, has injured people's sovereignty, the principle of election justice, and fair legal certainty for all election contestants, including voters who exercise voting rights. Based on this, the petitioner's argument which basically states the parliamentary threshold and/or the number or percentage of parliamentary thresholds that are not drawn up in accordance with the basis of adequate methods and arguments can basically be understood by the Court, "explained Saldi.