MK: Political Parties Can Be Disqualified If They Do Not Meet the 30 Percent Women Quota

JAKARTA - The Constitutional Court (MK) granted a partial request for a material test against Article 245 of Law Number 7 of 2017 concerning Elections regarding the rule of women's representation of at least 30 percent in the nomination of members of the legislature.

In the ruling on Case Number 128/PUU-XXIV/2026, which was read at the Constitutional Court Building, Jakarta, Monday, May 25, the Constitutional Court confirmed that political parties participating in the election could be disqualified in certain electoral districts if they did not meet the quota for women's representation.

The Chairman of the Constitutional Court, Suhartoyo, stated that the applicants' applications were granted in part. "Amar verdict, tried, granted the applicants' applications in part," said Constitutional Court Chairman Suhartoyo at the pronouncement of the verdict on Case Number 128/PUU-XXIV/2026 in the Plenary Session Room of Building I of the Constitutional Court, Jakarta, quoted by Antara.

The Constitutional Court considers Article 245 of the Election Law to be in conflict with the 1945 Constitution and does not have binding legal force as long as the KPU is not interpreted as obliged to cancel political parties that do not meet the minimum 30 percent quota for prospective legislative candidates.

The application for this material test was filed by four women, namely Maya Novita Sari, Imas Dion Febriani, Cahya Camila, and Fatati Nailul Munadia.

The applicants assessed that the previous rules did not have firm sanctions for political parties that violated the provisions on women's representation. As a result, the 30 percent quota provision was deemed ineffective in the election process.

In its consideration, the Constitutional Court said that the provision without sanctions was contrary to the principles of honest and fair elections, legal certainty, and the right to receive special treatment to achieve gender equality.

Constitutional Justice Adies Kadir explained that the Court considered that the old rules caused the legal norm to be ineffective because political parties could still participate in elections even though they did not meet the requirements for women's representation.

Meanwhile, Constitutional Justice Asrul Sani emphasized that the existence of a quota for women is a form of constitutional guarantee to encourage women's representation in public policy making.

Previously, the applicants cited a number of electoral districts that still passed political parties even though they did not meet the quota for women, such as in Trenggalek and Tulungagung.

Through this ruling, the Constitutional Court ordered that the ruling be published in the State Gazette of the Republic of Indonesia and serve as a guide in the implementation of future elections.