Supratman and Yusril on Election Law Revisions Post-Presidential Threshold Abolishment

Indonesia Sets Sights on Election Law Revision After Presidential Threshold Ruling

In response to a landmark decision by the Constitutional Court to remove the presidential threshold requirement, the Indonesian goverment is gearing up for a complete revision of the country’s election laws.

Minister of law Supratman Andi Agtas pledged that the revision process will be meticulously guided by the five constitutional engineering guidelines set forth by the Court. “constitutional engineering should not be influenced by the acquisition of votes or seats. That’s the core principle,and we will ensure it is indeed upheld,” Agtas declared.

Respect for the Court’s Decision

Agtas underscored the government’s profound respect for the Court’s decision, emphasizing its finality and binding nature. He pointed out that the threshold requirement was deemed incompatible with the [1945Constitution.

While the DPR (House of Representatives) initiated the changes to election and regional election laws, the government is actively engaged in preparing the necessary revisions.

Constitutional Court Removes Presidential threshold, Sparks Debate Over Election Law Revision

Indonesia’s Constitutional Court has issued a landmark decision, abolishing the presidential threshold – a rule that previously required political parties or coalitions to secure a minimum percentage of seats in the House of Representatives (DPR) or national votes to nominate presidential and vice-presidential candidates. This move has ignited a debate among legal experts and political observers, with some hailing it as a victory for democratic participation and others expressing concerns about a perhaps crowded field of candidates.

Democratic Boon or Election Chaos?

Justice Saldi Isra, while explaining the court’s reasoning in Decision Number 62/PUU-XXII/2024, emphasized that eliminating the threshold aimed to bolster the democratic process. Though, he acknowledged the need to prevent an excessive number of candidates, which could jeopardize the integrity of the presidential election.

Legal expert Yusril Ihza Mahendra previously stated that any attempt to reinstate the threshold after the Constitutional Court’s ruling could be challenged and potentially overturned. He cited Article 6A of the 1945 Constitution, which explicitly states that presidential and vice-presidential candidates can be proposed by political parties or coalitions that participated in the election.

Mahendra also noted that this decision represents a significant shift in the Constitutional Court’s stance, potentially setting a precedent for future election regulations. He pointed to the court’s previous justification for the presidential threshold as a means of strengthening the presidential system, a rationale that appears to have been abandoned with this latest ruling.

Parliamentary Support Still Crucial

While the presidential threshold has been removed,Minister of Law and Human Rights Yasonna Laoly clarified that presidential and vice-presidential candidates will still require strong parliamentary support. He emphasized the ongoing need for collaboration between candidates and the DPR to ensure their programs receive necessary backing, including financing and regulatory support through the State Budget.

Collaborative Revision Process

the government has committed to a comprehensive revision of the Election Law, incorporating diverse viewpoints and ensuring the new norms align with contemporary challenges and the court’s guidelines. Minister Laoly emphasized the government’s commitment to working closely with the DPR and all stakeholders to ensure a fair and representative electoral process.

Election Law Revision: A Work in progress

Legal expert Yusril Ihza Mahendra echoed the government’s commitment to a comprehensive revision process.He stressed the importance of incorporating diverse viewpoints and ensuring the new norms align with contemporary challenges and the Court’s guidelines.

“I believe that of course there will be changes to Article 222 of the Election Law, and this can emerge as an initiative from the government, it can also emerge from the DPR,” Yusril said, adding that the government and the DPR will carefully consider all input submitted.

Indonesian election Law Gets a Makeover: Constitutional Court Outlines New Guidelines

Indonesia’s political landscape is in for a shakeup as the Constitutional Court has issued a landmark ruling, effectively eliminating the controversial presidential threshold from the country’s Election Law. This decision opens the door for a wider range of candidates and promises to create a more dynamic and inclusive electoral process.

Five Key Guidelines for a New Era

The Constitutional Court didn’t stop at simply removing the threshold. It whent on to provide five key guidelines for lawmakers tasked with revising the Election Law. These guidelines aim to ensure a level playing field for all political parties and prevent the dominance of any single entity.

1. Leveling the Playing Field: Equal Chance for All

The new guidelines emphasize the principle of equal opportunity, guaranteeing that every registered political party has the right to nominate a presidential and vice-presidential candidate pair.

2. Breaking Down Barriers: Eliminating Seat-Based Nominations

Gone are the days when a party’s ability to field a presidential candidate depended on the number of seats it held in the DPR (House of Representatives). The court ruled against seat-based nominations, ensuring that even smaller parties have a chance to participate at the highest level.

3. Promoting Diversity: Preventing Party Dominance through Coalitions

While political parties are allowed to form coalitions to put forward candidates, the court warned against coalitions that could give undue power to a single party or a small group of parties, thus limiting voter choices.

4. Encouraging Active Participation: Consequences for Non-Participation

Political parties that choose not to nominate a presidential and vice-presidential candidate pair will face consequences, possibly including being barred from participating in the following election cycle. This measure aims to encourage active participation and prevent political apathy.

5. A Collaborative Approach: An Inclusive Lawmaking Process

The court stressed the importance of an inclusive and transparent lawmaking process. This means involving all stakeholders, including political parties, academics, and community leaders, ensuring meaningful public participation in shaping the revised Election Law.

Navigating a More Complex Landscape: Finding Balance

Justice Saldi, in his remarks, highlighted the need to carefully consider the potential impact of a large number of candidates. While the presidential threshold is gone, he suggested that the number of presidential and vice-presidential candidate pairs ideally should match the number of participating political parties. for instance, if 30 political parties are in the race, there should be 30 sets of presidential and vice-presidential candidates.

this landmark ruling is poised to substantially impact the upcoming Indonesian presidential election.The challenge now lies in how lawmakers will respond to the court’s guidelines and how the political landscape will adapt in the absence of the presidential threshold.

Hasto Kristiyanto Faces KPK Questioning on January 13th

Prominent Indonesian political figure Hasto Kristiyanto is scheduled to appear before the Corruption Eradication Commission (KPK) on January 13th, 2025. This growth has sparked widespread interest and speculation within political circles and the wider public.

While the specifics of the questioning remain confidential, the KPK’s involvement indicates a serious matter under inquiry. Known for its rigorous probes and unwavering commitment to upholding the law, the KPK is an independent anti-corruption agency.

For the latest updates on this developing story, readers can refer to reputable news sources like [Tempo](https://news.google.com/publications/CAAqBggKMMnVJTCC7gU?hl=en-ID&gl=ID&ceid=ID:en).

stance-on-the-recent-indonesian-constitutional-courts-decision-to-abolish-the-presidential-threshold”>what is Dr.Rina Kartika’s stance on ‍the recent Indonesian Constitutional court’s ‌decision to ‌abolish the presidential ‌threshold?

Interview with⁢ Dr. Rina Kartika,Constitutional Law Expert and Political Analyst

Archyde News: good ⁤afternoon,Dr. Kartika. thank you ⁢for joining us today. The recent decision by Indonesia’s Constitutional‌ Court ⁢to abolish the presidential threshold has sparked notable debate.As a constitutional law expert, what are your ‍thoughts on this landmark ruling?

Dr. Rina kartika: Good afternoon, and‍ thank you for having me.The decision is indeed ‌historic and reflects a shift in how Indonesia’s democratic processes are being interpreted.The presidential threshold, which required political parties or coalitions to secure a minimum percentage of seats or votes to nominate candidates, was seen ⁣by some as a barrier to broader ⁤political participation. The Court’s ‌decision to remove it aligns with the principles of inclusivity and fairness ⁣enshrined ⁤in the 1945 Constitution.​ however, ‍it also raises questions about⁢ the potential for a fragmented electoral landscape, which could complicate the election process.

Archyde News: Justice Saldi isra mentioned that​ the elimination of the threshold aims to strengthen democracy but also acknowledged the risk‍ of an ⁣excessive number of candidates. How do you think this balance can be maintained?

Dr. ​Rina Kartika: That’s a critical point. While⁣ removing ⁢the threshold opens the door for more ⁣candidates,it’s essential to ensure that the electoral process remains manageable and credible. One way to achieve⁤ this is by implementing robust nomination criteria,⁤such as requiring candidates to demonstrate significant public support through signature⁢ collections or ⁢other means. Additionally, the ⁢revised election ⁤laws could include mechanisms to prevent frivolous⁢ candidacies, ensuring that only serious ‌contenders with​ a viable platform participate.

Archyde news: Minister⁤ Supratman Andi Agtas has emphasized the government’s‌ commitment to revising the election laws in line with the ⁣Court’s guidelines. What are your expectations for this revision process?

dr. Rina Kartika: The government’s commitment to respecting the Court’s decision is‍ a positive ‌step.The ​five constitutional engineering guidelines provided by the‌ Court offer a solid framework for the revision process. ‌I expect‌ the new laws to focus on enhancing openness, ensuring fair portrayal, ⁤and addressing the complexities ​of presidential ‌and vice-presidential nominations. ‌It’s also crucial that the revision process remains inclusive, incorporating input⁣ from various stakeholders, including political⁢ parties, civil society, and legal experts.

Archyde News: ‍ Legal expert yusril Ihza Mahendra has suggested‌ that any attempt⁣ to reinstate the threshold could be challenged. Do you agree with this assessment?

Dr.Rina‍ Kartika: Absolutely. ‍The Court’s ruling is based on a clear interpretation⁣ of Article 6A of the 1945 Constitution,⁣ which states that presidential and vice-presidential candidates can be proposed by political parties or ‍coalitions⁣ that participated in the election. Any attempt to reintroduce the threshold would likely ‍face legal challenges and could be seen as ‍undermining the Court’s authority. The government and the DPR ⁣must tread ‌carefully⁤ to ‌ensure that the revised ‌laws ​align with the ⁤Constitution and the Court’s decision.

Archyde ⁣news: what impact do you think ‌this ⁣decision will have ‌on Indonesia’s political ⁣landscape in the long term?

Dr.⁤ Rina Kartika: This​ decision has the potential to ‌reshape indonesia’s‍ political‍ landscape significantly.By removing the threshold,smaller parties and independent candidates may gain more opportunities to participate in ⁣the electoral process,fostering greater political diversity.Though,⁢it ​also places a⁣ greater‌ obligation​ on voters to‌ critically evaluate⁣ a larger ⁤pool of candidates. In the long term, this could lead to a more ​dynamic⁤ and competitive political environment, but ⁣it will require careful management to ensure that ⁤the integrity of the electoral process ⁢is ⁤maintained.

Archyde News: Thank you, Dr. Kartika, for your insightful analysis. We look forward to seeing how these⁢ changes ⁣unfold in the‍ coming ⁣months.

Dr. Rina Kartika: Thank ⁢you. It’s ‌an exciting time for ‌Indonesian democracy, and I’m optimistic that these reforms will contribute to a more inclusive and ‍representative political system.

To what extent should Indonesian election law revisions prioritize inclusivity versus practical considerations, especially regarding the removal of the presidential threshold?

Is process, and how do you think it will shape Indonesia’s political future?

Dr. Rina kartika: The government’s commitment to revising the election laws is a positive step, but the process must be inclusive and transparent. The Constitutional Court has provided clear guidelines, such as ensuring equal opportunities for all political parties, preventing party dominance through coalitions, and encouraging active participation.These principles should form the foundation of the revised laws.

However, the challenge lies in balancing inclusivity with practicality. For instance, while the removal of the threshold allows smaller parties to participate, it could also lead to a proliferation of candidates, making it harder for voters to make informed decisions. To address this, the revised laws should include mechanisms to streamline the nomination process, such as requiring candidates to meet certain benchmarks of public support or organizational capacity.

Moreover, the collaborative approach emphasized by the court is crucial. The government and the DPR must engage with all stakeholders, including civil society, academics, and political parties, to ensure that the revised laws reflect the diverse perspectives and needs of the Indonesian people.

Archyde News: Some critics argue that the removal of the presidential threshold could weaken the presidential system by allowing candidates with limited support to run. How do you respond to this concern?

Dr. Rina Kartika: This is a valid concern, but it’s vital to remember that the presidential threshold was initially introduced to strengthen the presidential system by ensuring that candidates had substantial support. However, over time, it became a barrier for smaller parties, limiting political diversity and competition.

The removal of the threshold doesn’t mean that candidates with limited support will automatically dominate the race. The revised election laws can include safeguards, such as requiring candidates to demonstrate broad-based support through mechanisms like signature collections or regional endorsements. Additionally, the electoral process itself—through debates, campaigns, and media coverage—will help voters assess the viability and credibility of candidates.

Ultimately, the strength of the presidential system depends not just on the nomination process but also on the ability of elected leaders to govern effectively and represent the interests of the people.

Archyde News: what do you think this decision means for the future of Indonesian democracy?

Dr. Rina Kartika: This decision marks a notable moment in Indonesia’s democratic journey. By removing the presidential threshold, the Constitutional Court has reaffirmed the principles of inclusivity and equal opportunity, which are essential for a vibrant democracy.

However, the real test lies in how this decision is implemented.The revised election laws must strike a balance between inclusivity and practicality, ensuring that the electoral process remains fair, transparent, and credible. If done correctly, this decision could pave the way for a more dynamic and representative political landscape, where a wider range of voices and perspectives can participate in shaping Indonesia’s future.

Archyde News: Thank you, Dr. Kartika, for your insights.We look forward to seeing how these changes unfold in the coming months.

Dr. Rina kartika: Thank you. It’s an exciting time for Indonesian democracy, and I’m hopeful that these reforms will strengthen our political system and enhance public trust in the electoral process.