Presidential Threshold 20 Percent Removed, Gerindra: Constitutional Court Decision Becomes Reference For Revision Of Election Law

ILLUSTRATION BETWEEN

JAKARTA - Chairman of the Gerindra faction of the DPR G. Budisatrio Djiwandono emphasized that his party is ready to comply with the decision of the Constitutional Court (MK) which granted the request for a judicial review related to the provisions on the threshold for presidential nomination (PT) which is regulated in Law Number 7 of 2017 concerning Elections.

Budi said that the Gerindra faction of the DPR RI would make the Constitutional Court's decision to abolish PT at least 20 percent as a reference in discussing the revision of the Election Law.

"We respect and are ready to comply with the Constitutional Court's decision. As soon as this we will study in more detail the decision before we make it a reference in discussing the revision of the Election Law," said Budisatrio, Friday, January 3.

Budisatrio stated that basically the Gerindra Party faction adhered to democratic principles. Therefore, his party wants to ensure that the Gerindra faction upholds the Constitutional Court's decision as part of the mandate of democracy.

"We are fully aware that the Constitutional Court's decision is binding, and this decision is part of the pillar of democracy that we must protect," said Budi.

Nevertheless, Budisatrio reminded that there are still a number of stages that must be passed before this decision is inaugurated as a product for the revision of the law.

"Therefore, the Gerindra faction will continue to oversee the process, so that the implementation of the decision can run effectively and in line with the mandate in the Constitutional Court's decision," concluded Budisatrio.

The Constitutional Court (MK) has removed the threshold for presidential and vice presidential nominations or presidential thresholds. This was decided in the trial case number 62/PUU-XXII/2024 which was held in the Court Court Court Courtroom, Jakarta, Thursday, January 2.

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

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

The article that was declared contrary was related to the threshold requirements for presidential and vice presidential candidacy by political parties. Article 22 of Law Number 7 of 2017 reads as follows:

"The Candidate Pair is proposed by the Political Party or the Association of Election Participants Political Parties which 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 Election".