The Ministry Of Law And Human Rights Regarding The Constitutional Court's Decision To Change The Threshold For Regional Head Elections: PKPU Must Regulate

Illustration of re-voting during the elections in April 2019. (ANTARA-Destyan Sujarwoko).

JAKARTA - The Ministry of Law and Human Rights (Kemenkumham) stated that the decision of the Constitutional Court (MK) Number 60/PUU-XXII/2024 concerning changes to the provisions for regional head elections (pilkada) must be regulated in the General Election Commission Regulation (PKPU).

Minister of Law and Human Rights (Menkumham) Supratman Andi Agtas said this had been regulated in the Law (UU) regarding general elections (elections) and laws related to regional elections.

"But whatever the decision is, it will certainly be material for us later to convey it to the President," Supratman said when met after the handover of the Menkumham Position in Jakarta, Tuesday.

Meanwhile, the Minister of Law and Human Rights for the 2014-2024 period Yasonna Laoly assessed that the PKPU's affairs regarding the Constitutional Court's decision on regional elections were the authority of the KPU. The decision will be forwarded from the KPU to the House of Representatives (DPR) and then discussed the PKPU.

"Right now, the decision is still new, we haven't seen all legal considerations and others. Wait, we'll see, we'll read it slowly," Yasonna said on the same occasion.

The Constitutional Court through Decision Number 60/PUU-XXII/2024 changes the threshold (threshold) for the nomination of regional head candidates and candidates for deputy regional heads.

Through this decision, the Constitutional Court stated that political parties that do not get seats in the DPRD can nominate candidate pairs. Calculation of the requirements to propose pairs of candidates through political parties or coalitions of political parties participating in the election is only based on the results of obtaining valid votes in the election in the area concerned.

"The verdict, granting the petitioners' petition for part," said Chief Justice of the Constitutional Court Suhartoyo reading out the verdict for the case submitted by the Labor Party and the Gelora Party in the Plenary Court Session Room, Jakarta, Tuesday.

In this case, the Labor Party and the Gelora Party questioned the constitutionality of Article 40 paragraph (3) of Law Number 10 of 2016 concerning the Election of Governors, Regents, and Mayors (UU Pilkada). In that article, political parties that can nominate candidates only have seats in the regional DPRD.

In its legal considerations, the Constitutional Court stated that Article 40 paragraph (3) of the Pilkada Law contradicts the 1945 Constitution of the Republic of Indonesia (UUD NRI).

Because the existence of Article 40 paragraph (3) of the Pilkada Law is a follow-up to Article 40 paragraph (1) of the Pilkada Law, the Constitutional Court states that it must also assess the complete constitution of Article 40 paragraph (1).

Thus, the Constitutional Court decided that Article 40 Paragraph (1) of the Pilkada Law must also be declared conditionally unconstitutional as long as it is not interpreted as described above.