Knock! MK Removes Presidential Threshold 20 Percent

Illustration of the Constitutional Court (MK). (Antanews)

JAKARTA - The Constitutional Court (MK) has removed the presidential and vice presidential nomination threshold (PT) by 20 percent.

The abolition of PT 20 percent was decided in court number 62/PUU-XXII/2024 which was held in the Court Court Courtroom, Jakarta, Thursday, January 2, 2025.

"Granted the petitioners' petition in its entirety," said the Chief Justice of the Constitutional Court, Suhartoyo when reading the verdict.

Suhartoyo said that the norm of Article 222 of Law Number 7 of 2017 concerning General Elections (State Gazette of the Republic of Indonesia of 2017 Number 182, Additional State Gazette of the Republic of Indonesia Number 6109) contradicts the 1945 Constitution.

"Declaring the norm of Article 222 of Law Number 7 of 2017 concerning General Elections (State Gazette of the Republic of Indonesia of 2017 Number 182, Additional Lebaran Negara Republik Indonesia Number 6109) contradicts the 1945 Constitution of the Republic of Indonesia and does not have binding legal force," said Chief Justice of the Constitutional Court Suhartoyo accompanied by eight other constitutional judges.

The article that was declared contrary was related to the threshold requirements for the nomination of the president and vice president by political parties.

Article 22 of Law Number 7 of 2017 reads as follows:

"The pairs of candidates are proposed by the Political Party or the Association of Election Contesting Political Parties that meet the requirements for obtaining seats of at least 20% (twenty percent) of the number of seats in the DPR or obtaining 25% (twenty-five percent) of the nationally valid votes in the previous DPR member elections."

Meanwhile, the reason for the Constitutional Court to shift from the establishment in previous decisions related to the presidential nomination threshold material test is because the minimum threshold for the percentage of proposing pairs of presidential and vice presidential candidates (presidential thresholds) as stated in Article 222 of Law Number 7 of 2017 concerning General Elections (UU Pemilu) is considered contrary to the political rights and sovereignty of the people, but also violates morality, rationality, and injustice that is intolerant and in fact contrary to the 1945 Constitution of the Republic of Indonesia.

"The shift in establishment is not only related to the amount or the percentage figure of the threshold, but what is much more fundamental is the threshold regime for proposing pairs of presidential and vice presidential candidates (presidential thresholds) regardless of the amount or percentage figure is contrary to Article 6A paragraph (2) of the 1945 Constitution of the Republic of Indonesia," said Deputy Chairman of the Constitutional Court Saldi Isra when reading out case legal considerations Number 62/PUU-XXII/2024.