Executive Director of Indonesia Law and Democracy Studies (ILDES) Juhaidy Rizaldy responded to the Constitutional Court Decision Number 60/PUU-XXII/2024 regarding changes to the percentage threshold for political parties’ votes in nominating regional head candidates in regional elections. Rizaldy said the decision could only come into effect in 2029 because the stages of the 2024 elections have already started.
“Decision 60 may not apply in the 2024 Pilkada, because it is not stated in the decision when the implementation of Decision 60 will be, so it could be 2029, because the stages of the Pilkada have started. This is different from Decision 90 of 2023 regarding the minimum age of presidential and vice presidential candidates, in which it is clearly and expressly stated that the implementation of the decision applies in the 2024 Pilkada,” said Rizaldy.
Rizaldy added that the thing that was changed by the Constitutional Court was the heart of the regional elections, namely the nomination of political parties, which is sacred in the stages of the regional elections. He considered the issue to be a very constitutional issue so that the changes and implementation were considered to require time.
“Indeed, the Constitutional Court Decision applies erga omnes, which means the decision applies when it is pronounced, but remember, in terms of execution or implementation of the Constitutional Court Decision, it is usually mentioned in every Constitutional Court Decision and this can become jurisprudence, and that is a guideline in my opinion, so it must be stated explicitly that it is implemented and applies in which year, so that the Government, the DPR, especially in this case the KPU, are clear about implementing every Constitutional Court Decision,” said Rizaldy.
In addition, there are also many other issues that coincide with the Constitutional Court’s decision, such as former convicts being able to become regional head candidates, the minimum age requirements for regional head candidates and many others.
“So with the many issues being questioned at the Constitutional Court, the implementation of this Decision must be emphasized in every Constitutional Court Decision, that is the spirit of every Constitutional Court decision related to the constitutional calendar currently in Indonesia,” said Rizaldy.
Also read: What the MK Judge said about the matter of the Age Limit for District Head Candidates
On the other hand, the Chief Justice of the Constitutional Court, Suhartoyo, who read out the verdict, said that the Court granted the Labor Party and Gelora Party’s request in part. The Court stated that Article 40 paragraph (1) of the Regional Election Law does not have binding legal force as long as it is not interpreted as political parties or coalitions of political parties participating in the election being able to register candidate pairs if they have fulfilled the requirements to propose gubernatorial candidates and deputy gubernatorial candidates:
Therefore, the Constitutional Court has decided that the threshold for regional head nominations is no longer 25 percent of the votes obtained by political parties or a combination of political parties from the DPRD legislative elections or 20 percent of DPRD seats.
“Granting the applicant’s request in part,” said Suhartoyo. (Z-8)
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