Jakarta, literasihukum - Ruling Constitutional Court (Constitutional Court) No.62/PUU-XXII/2024 marks a new history in Indonesian politics, particularly regarding the nomination of President and Vice President in elections. With this ruling, the nomination threshold that previously required political parties or coalitions of parties to obtain a minimum of 20% of DPR seats or 25% of valid votes nationally in the previous election has now been abolished.
Prof. Jimly Asshiddiqie, Chief Justice of the Constitutional Court for the 2003-2008 period, expressed his appreciation for the decision. According to him, there are three important points to note. First, the shift in the Constitutional Court's attitude in granting the request for judicial review of Article 222 of Law No. 7 of 2017 concerning General Elections is an important milestone, considering that similar requests had always been rejected previously.
Shift in the Court's Stance
According to Prof. Jimly, the shift in the Constitutional Court's stance is related to political developments, especially the emergence of only two pairs of candidates in the last few elections. This pattern, in addition to dividing society into two camps, also shows the dominance of incumbents who almost always win.
“This shows that existing political institutions are not yet strong and feudal culture has not disappeared,” said Prof. Jimly in a discussion themed The Future of Indonesian Democracy: Presidential Threshold Post Constitutional Court Ruling.
Political Culture and Its Impact
Prof. Jimly assessed that the weakness of political institutions and the persistence of feudal culture are evident in political contests. For example, political support from influential figures often determines the outcome of elections, unlike the United States, which emphasizes a meritocracy system.
“Unlike here, if the President winks, officials immediately understand what he means,” he said. This situation also causes political parties to tend to be pragmatic in forming coalitions, which led the Constitutional Court to reconsider the nomination threshold policy.
A More Inclusive Election
Prof. Jimly also emphasized the importance of a more inclusive election by involving more pairs of candidates. This reflects Indonesia's diversity. Political parties must ensure a democratic selection process, such as through conventions with an independent team to select the best candidates.
“It is fortunate that this Constitutional Court decision has been well received by stakeholders. It remains to be seen how it will be regulated in the Election Law,” he suggested.
Impact on Political Competition
The Head of the Department of Constitutional Law of UII, Jamaludin Ghafur, stated that the elimination presidential threshold can increase competition in the Presidential Election. With more candidate options, the public is expected to be more enthusiastic about exercising their right to vote, while candidates will be more responsive to public aspirations.
Prof. Taufiqurrohman Syahuri from UPN Jakarta added that the elimination of the presidential threshold is closely related to people's sovereignty.
“The people must choose candidates who have gone through a rigorous selection process to ensure the quality of leaders,” he concluded.
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