The Constitutional Court Calls The Revision Of Parliamentary Thresholds Submitted To The DPR

Chief Justice of the Constitutional Court Suhartoyo read out the verdict for the review of the Law on Parliamentary threshold rules, Thursday (29/02) (doc MK)

JAKARTA - The Constitutional Court (MK) emphasized that it submitted a parliamentary threshold threshold parliament to the House of Representatives. The Constitutional Court (MK) Judge Enny Nurbaningsih emphasized that decision number 116/PPU-XXI/2023 does not eliminate the parliamentary threshold or parliamentary threshold in legislative elections. Thus, a fixed threshold exists. "The 116 decision does not eliminate the threshold as read from the verdict," Enny told reporters, Friday, March 1. Enny said that the Constitutional Court's decision only invalidates the 4 percent threshold in the parliamentary threshold. Then, the MK handed over to the DPR RI as a legislator to revise its magnitude. What is clear, the amount of the parliamentary threshold to be revised is based on a rational study. "Treshlod and the percentage figure is submitted to the legislators of the law to determine a rational threshold with a clear and comprehensive study method, so that it can minimize the increasingly high disproportionality which causes many legitimate votes to be wasted, so that the proportional system used but the election hsl is disproportionate," explained Enny. It is known that this decision is related to the proposed matter test of Needdem. Applicants question Article 414 paragraph (1) of the Election Law which states, The Political Party of Elections must meet the threshold of vote acquisition by at least 4% (four percent) of the nationally valid number of votes to be included in the determination of seat acquisition of DPR members'. The norm of Article 414 paragraph 1 of Law No. 7 of 2017 concerning elections is still constitutional as long as it remains valid for the 2024 DPR election and the conditional constitutional to be enforced in the 2028 DPR election and the next election as long as it has been made changes to the norm of the parliamentary threshold as well as the number or percentage of the parliamentary threshold. Based on the decision of the Constitutional Court Number 116/PPU-XXI/2023, the norm of Article 414 paragraph 1 of Law 7.2017 has had a new coercion that has been in effect since the reading of the Constitutional Court Decision Number 116/PU-XXI/2023,' reads on

The Constitutional Court has decided that the parliamentary threshold of 4 percent must be changed before the 2029 General Election. However, the 4 percent parliamentary threshold still applies to the 2024 General Election. The Constitutional Court explained that the a quo norm, namely the 4 percent parliamentary threshold, still applies to the 2024 election, but in substance the a quo norm has undergone a change in meaning.