Court maintains presidential threshold
Marguerite Afra Sapiie
The Jakarta Post
The Constitutional Court has rejected a petition to scrap the presidential threshold, which is stipulated in Article 222 of the 2017 Elections Law.
The court rejected on Thursday a judicial review petition filed by the Benign Islam Party (Idaman Party), which challenged the presidential threshold set for the 2019 election.
Article 222 stipulates that a party or coalition of parties is required to secure at least 20 percent of the seats at the House of Representatives or 25 percent of the popular vote to be eligible to nominate a presidential candidate in next year's election.
Justice Maria Farida said the threshold was a legal policy in elections that ensured the simplification of the multiparty system and strengthened the presidential system.
She said the court issued a similar ruling in 2009 concerning an article in the 2008 Elections Law, which said the presidential threshold was a legal requirement of the legislative body.
"The plaintiff's request regarding the threshold for political parties has no legal basis," Maria said.
Among the nine justices on the bench, justice Saldi Isra and Suhartoyo gave dissenting opinions. They argued that the article contradicted the Constitution, which ensured equal rights for every party to nominate a presidential candidate.
The presidential threshold was also challenged by the Association for Elections and Democracy (Perludem), judiciary watchdog KoDe Inisiatif and several activists. (ebf)
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