Requirements For The 2 Rounds Of Presidential Election And Stage Scenarios, Regulated In Law

YOGYAKARTA - The presidential election (Pilpres) can be held in two rounds because Indonesia adheres to a two round system of majoritarian systems. This possibility occurs if in the first round there is no presidential and vice presidential candidate pair with the results of the vote according to the provisions in Article 64 paragraph (3) of the 1945 Constitution. So what are the requirements for the 2 round presidential election and the stage scenario?

The 2024 presidential election is predicted to last for two rounds because the three candidate pairs are considered to have equally strong votes. Data from the survey agency shows the electability of the Prabowo-Gibran and Ganjar-Mahfud pairs competing fiercely. In the Charta Politica survey, Ganjar Mahfud has 36.8 percent electability, only 2 percent difference from Prabowo-Gibran, which is 34.7 percent.

Meanwhile, from the Indonesian Political Indicators, the survey results showed that the Prabowo-Gibran pair received an electability of 39.7 percent and Ganjar-Mahfud as much as 30%. If indeed the prediction of the 2nd round presidential election actually occurs, what are the conditions and scenarios like?

Candidates for presidential and vice presidential candidates who run in the election can be elected or appointed as President and Vice President if they get the results of votes according to the provisions of the law. The following reads Article 6A paragraph (3) of the 1945 Constitution:

The pair of presidential and vice-presidential candidates who received more than 50 percent of the vote in the general election with at least 20 percent of the votes in each province spread across more than half the number of provinces in Indonesia, were appointed President and Vice President.

If in the first round of the presidential election does not produce a candidate pair with these criteria, then a vote will be held for the second round. This provision has been regulated in Article 6A paragraph (4) of the 1945 Constitution which reads:

In the event that no presidential and vice presidential candidate pairs are elected, the two pairs of candidates who get the first and second most votes in the general election are directly elected by the people and the pair who get the most people's votes are inaugurated as President and Vice President.

The presidential election will only be held one round if there are Paslons who get a total of more than 50 percent of the votes and excel in half the provinces in Indonesia. This provision applies even though there are more than two Paslons that run in the presidential election.

If no partner meets these criteria, the presidential election will be held further into the second round. If the most votes with the same number are obtained by 2 candidate pairs, then the two pairs will follow the second round.

The candidate pair with the first and second most votes will be re-elected through voting. This provision has been regulated in Article 416 paragraph (2) of Law Number 7 of 2017 concerning Elections, the following reads:

In the event that no Candidate Pair is elected as referred to in paragraph (1), the two Candidate Pairs who get the first and second most votes are re-elected by the people directly in the Presidential and Vice Presidential Elections.

However, if it turns out that the most votes are obtained by 3 candidate pairs or more, then the determination of the first and second rank is carried out based on the distribution of the area of wider votes in stages. The following reads Article 416 Paragraph (5) of Law Number 7 of 2017 concerning General Elections.

In the event that the second most votes with the same number are obtained by more than one candidate pair, the determination is made based on the distribution of wider votes acquired areas in stages

Such are the reviews regarding the requirements for the 2nd round presidential election and the stage scenario. Later in the second round of the presidential election, the candidate pairs that get the most votes will be winners and inaugurated as President and Vice President.

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