The Idea Of Forming A Threshold Faction Is Considered Not Attractive

A photo of Andry Winarko VOI

JAKARTA - The Constitutional Court (MK) on Thursday, February 29, 2024, granted part of the judicial review request for Law 7 of 2017 concerning Elections, especially regarding the parliamentary seat threshold of 4 percent proposed by associations for elections and democracy (Perludem).

Needdem assessed that the provisions of Article 414 paragraph (1) are not in line with the principles of people's sovereignty, election justice and violate the legal certainty guaranteed by the constitution. The implementation of the parliamentary threshold of 4 percent of the national legal vote as the basis for determining the seat acquisition in parliament is considered to have caused the loss of people's votes or the large number of voters who are not converted into seats in the DPR.

Changes in parliamentary thresholds including the number or percentage of thresholds must also be decided while maintaining the proportionality of the electoral system, to prevent large numbers of votes that cannot be converted into DPR seats.

The Constitutional Court granted some of the applications submitted by Needdem regarding the implementation of parliamentary thresholds of 4 percent of national valid votes as the basis for determining seat acquisition in parliament.

However, the Constitutional Court stated that the provisions of article 414 paragraph (1) of the Election Law which regulates the parliamentary threshold of 4 percent are still constitutional to complete the stages of holding the 2024 DPR election. The parliamentary threshold of 4 percent can no longer be enforced in the 2029 election.

The executive director of Perludem, Khoirunisa, said that the threshold for the purpose of simplifying the party was not proven. In fact, what happens is that more and more votes are wasted. Eat it in our filing at the Constitutional Court, we don't ask for the numbers to be eliminated, we just ask for the calculation to be rationalized and ensured," said Khairunnisa.

Indeed, the determination of PT (parliamentary threshold) can be a tug of war between parties. As an established party they want PT as high as possible. In addition to getting rid of competitors, they can also argue that the implementation of PT aims; the achievement of a simple multiparty system.

Regarding the cancellation of the 4 percent parliamentary threshold, and the strengthening of the discourse on the implementation of PT, which resulted in mubasir votes, because many parties did not meet the threshold, Deputy Chairman of the Indonesian Solidarity Party (PSI) Board of Trustees Grace Natalie, proposed the establishment of a Treshold Faction to adopt a mubasar vote, which reached 9.75 percent to form one faction.

However, the Director of the Political Studies Center (PUSKAPOL) of the University of Indonesia, Aditya Perdana, assessed that PSI's proposal to form a Threshold Faction was irrelevant. Because in the context of the Constitutional Court's decision, PT is still 4 percent absolutely must be fulfilled, especially since the calculation process has not been completed and ratified.

"So if there are new ideas and issues that are driven by the formation of a threshold faction, it is irrelevant. If 2029 later please fight whether it becomes PT 4 percent and or PT 0 percent. If PSI becomes a ruling party, then encourage it to be the desired part," he said.

According to Aditya, in the PSI context, they are trying to move their goals, not to happen something that must be followed, different from the Constitutional Court. PSI's proposal, only maneuvers to enter parliament, should not be accepted. It's only for pragmatic purposes," he told VOI.

According to Aditya, such practices are common in every election. Buying and selling votes to cover the shortage of legislative candidates is common, for example the votes of the deceased. DPT moved to include one of the candidates so that his voice met

Moreover, lately PSI is also being highlighted by the public, because its voice suddenly skyrocketed. How come this is already a new maneuver again. That is a pragmatic proposal for the benefit of the party. That is irrelevant. So if PSI gets the spotlight, it is natural, because suddenly PSI's voice has soared. Public allegations there is a silent operation, trading and trading of votes, so there is a suspicion that it is reasonable. The 2024 election rules are clear that PT 4 percent is still valid, don't force it," Aditya explained.