UNAIR NEWS – The Constitutional Court of Indonesia (MK) recently issued Decision No. 62/PUU-XXII/2024, abolishing the presidential and vice-presidential nomination threshold, commonly referred to as the Presidential Threshold. This landmark decision introduces a significant legal reform, amending provisions previously outlined in Article 222 of Law No. 7 of 2017.
Dr. Rosa Ristawati, SH., LLM, a constitutional law expert from Universitas Airlangga (UNAIR), described the decision as a vital step toward establishing greater legal certainty. She noted that the threshold had been contested more than 33 times with varying legal judgments, reflecting growing concerns over constitutional ambiguity, perceived injustices, and limited democratic accessibility.
Constitutional court’s authority
Dr. Ristawati highlighted the Constitutional Court’s authority, as outlined in the 1945 Constitution, to rule on cases at the first and final levels with decisions that are binding. Decision No. 62/PUU-XXII/2024 underscores the court’s role in assessing the constitutionality of laws in alignment with the Constitution.
“As the Guardian of the Constitution, the Constitutional Court has a crucial role in safeguarding justice and ensuring legal certainty for the public. In the past, the court appeared hesitant to introduce political breakthroughs that could advance justice and certainty,” said Dr. Ristawati.
She further explained that the court’s decision to annul the presidential threshold aligns with constitutional principles. In evaluating the matter, the court relied on an interpretative approach rooted in the original intent of the Constitution.
“The court also examined legislative records, including discussions surrounding Article 5, Paragraph (4) of Law No. 23 of 2003, as well as deliberations on the drafting of Law No. 7 of 2017,” she noted.
Benefits for democracy
According to Dr. Ristawati, the legal considerations underpinning Decision No. 62/PUU-XXII/2024 illustrate that the presidential threshold failed to advance democratic values. The ruling paves the way for broader political participation and greater inclusivity, addressing what has been seen as the dominance of major political parties. This decision provides a pathway for broader democratic access, breaking the potential tyranny of dominant political parties.
Dr. Ristawati expressed optimism that the ruling will enhance both constitutional and electoral justice in Indonesia. “The abolition of the presidential threshold through this decision is a crucial step toward ensuring both constitutional justice and electoral justice in the nomination of presidential and vice-presidential candidates,” she concluded.
Author: M. Akmal Syawal
Editor: Yulia Rohmawati
