Memahami Ambang Batas Baru Pilkada 2024 Menurut Putusan MK

Summary

The Constitutional Court of Indonesia recently ruled on the electoral thresholds for political parties and coalitions in the 2024 regional elections (Pilkada). The court's decision lowers the required vote percentages, aligning them with those for independent candidates based on population size. This means thresholds will vary by province, from 6.5% in regions with under 2 million residents to 10% in larger provinces. This decision applies to elections for governors, regents, mayors, and their deputies. The ruling takes immediate effect without the need for additional regulations, aiming to create a fairer and more equitable election process.

Takeaways

• 😀 The Constitutional Court of Indonesia has revised the threshold for political parties or coalitions of political parties in the 2024 regional elections (Pilkada).
• 😀 The decision is based on ruling number 60/PUU-XXII Gar 2024, issued on August 20, 2024, in response to a legal challenge from the Labor Party and Gelora.
• 😀 The threshold percentage for political parties to nominate regional head candidates will vary depending on the population of each province or city.
• 😀 The new threshold aligns the political party nomination criteria with the requirements for independent candidates.
• 😀 For provinces with populations up to 2 million, the threshold is set at 6.5%.
• 😀 For provinces with populations between 2 million and 6 million, the threshold is set at 7.5%.
• 😀 For provinces with populations between 6 million and 12 million, the threshold is set at 8.5%.
• 😀 For provinces with populations exceeding 12 million, the threshold is set at 10%.
• 😀 For cities and districts, the threshold varies from 6.5% to 10% based on population size, ranging from up to 250,000 to over 1 million people.
• 😀 Constitutional law expert Feri Amsari confirmed that this ruling takes effect immediately without the need for further regulation from the KPU.

Q & A

What is the main focus of the Constitutional Court's decision in the 2024 Pilkada ruling?

The main focus of the Constitutional Court's decision is to change the threshold for political parties or coalitions to nominate candidates in the 2024 regional elections (Pilkada), aligning the threshold with the percentage requirements for individual candidates.

What is the significance of the ruling numbered 60/PUU-XXII/2024?

The ruling numbered 60/PUU-XXII/2024 is significant because it changes the way the thresholds for political parties to nominate candidates in the Pilkada are calculated. It addresses the concerns raised by the Labor Party and Gelora Party regarding the fairness of the previous thresholds.

How does the ruling affect the nomination thresholds for provincial elections?

The ruling establishes different thresholds for each province in Indonesia, depending on the population size. These thresholds are set as a percentage of the total population in the voters' list (DPT), ranging from 6.5% to 8.5%.

What did the Constitutional Court rule regarding the percentage of votes required for political parties to nominate candidates?

The Constitutional Court ruled that the previous threshold of 25% of the valid votes in the legislative elections was unfair to smaller political parties. The new ruling harmonizes the percentage requirement for political parties and coalitions with the requirements for individual candidates.

What was the previous law regarding the nomination of candidates, and how has it changed?

Under Law No. 10/2016, political parties and coalitions could register a candidate pair if they received at least 25% of the valid votes in the legislative elections. The new ruling adjusts this percentage, making it more accessible for smaller parties by lowering the threshold based on population size.

What is the threshold for nominating candidates for governor and deputy governor in provinces with different population sizes?

For governor and deputy governor candidates, the thresholds are as follows: - Provinces with up to 2 million people: minimum 8.5% - Provinces with 2 to 6 million people: minimum 7.5% - Provinces with 6 to 12 million people: minimum 7.5% - Provinces with more than 12 million people: minimum 6.5%

What are the thresholds for nominating candidates for regent, deputy regent, mayor, and deputy mayor?

For regent, deputy regent, mayor, and deputy mayor candidates, the thresholds are: - Areas with up to 250,000 people: minimum 10% - Areas with 250,000 to 500,000 people: minimum 8.5% - Areas with 500,000 to 1 million people: minimum 7.5% - Areas with more than 1 million people: minimum 6.5%

How does the decision affect the implementation process for the 2024 Pilkada?

The decision will be implemented directly in the 2024 Pilkada without requiring further regulations from the General Elections Commission (KPU). The Constitutional Court's ruling is effective immediately and does not have to be postponed or regulated further.

What was the main argument against the original threshold of 25% of the valid votes for candidate nominations?

The main argument against the original threshold of 25% of the valid votes was that it was unfair to smaller political parties. This was the basis for the petition filed by the Labor Party and Gelora Party, leading to the Constitutional Court's decision to adjust the percentage.

What did Feri Amsari, a constitutional law expert, say about the implementation of the ruling?

Feri Amsari, a constitutional law expert, stated that the ruling could be implemented immediately in the 2024 regional elections without the need for further regulations from the General Elections Commission (KPU). He emphasized that the Constitutional Court's decision was automatically effective upon being read out.