Article 414 paragraph (1) of Law Number 7 of 2017 concerning General Elections (General Elections) which regulates the parliamentary threshold is again being tested by the Constitutional Court (MK) because it is considered to have not presented legal certainty.
The application for the material test was submitted by the Electoral and Democratic Control (KPD). In his application, KPD asked the Constitutional Court to determine the exact threshold for parliament as a continuation of the decision number 116/PUU-XXI/2023.
"We are here asking that the equilibrium point (the balance of the parliamentary threshold) is between 1.5 to 2.5 percent," said KPD Chairman Miftahul Arifin when met after submitting the application at the Constitutional Court Building, Jakarta, Wednesday, quoted by Antara.
Before the Constitutional Court's ruling, Article 414 paragraph (1) of the Election Law stipulates that political parties must meet the threshold of obtaining at least 4 percent of the national valid votes to be included in determining seats in parliament.
However, the KPD considers that the ruling in question which ordered the formation of a law to change the threshold norm of the parliament and the amount or percentage of it still opens up room for diverse interpretations.
According to the applicant, the ruling can be interpreted differently by the law-makers, in this case the government and the DPR, because it does not specify the exact number of the constitutional parliamentary threshold.
"There is no certainty there, there is no norm that has been confirmed by the Constitutional Court. Therefore, we are re-testing," said Miftahul.
In fact, Article 414 paragraph (1) of the Post-MK Election Law has already been tested by the Labor Party. However, in October 2025, the Court stated that the case was not acceptable.
The Labor Party's application at that time was considered premature because since the 116/PUU-XXI/2023 ruling was issued, the law-makers had not made the changes as mandated by the Constitutional Court in the ruling.
Regarding this, the KPD hopes that the Constitutional Court will consider the petition submitted this time to be urgent, following the discussion of the revision of the Election Law. In addition, the KPD is concerned that the parliamentary threshold will actually be raised.
"With this application, we hope that the Constitutional Court will shift from its previous thinking that considers this premature because it is urgent and confirms that so that no constitutional rights are violated," said KPD's lawyer, Abdul Hakim.
In addition, KPD admitted that the application submitted departed from an argumentation that was different from the previous Labor Party application.
"We depart from the argument that even though Article 414 has been interpreted by the Constitutional Court's decision, it has actually created legal uncertainty regarding the extent to which the threshold amount can be allowed to be determined by the lawmaker," said another lawyer, Didi.
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