Brilio.net - The Constitutional Court (MK) has issued a verdict on case number 60/PUU-XXII/2024 which questions the nomination of political parties in the 2024 Pilkada. The verdict on the lawsuit filed by the Labor Party and the Gelora Party was read out in a hearing at the MK building, Central Jakarta, Tuesday (20/8) yesterday. The article challenged by Labor and Gelora was Article 40 paragraph (3) of the Pilkada Law.
photo: liputan6.com
The contents of Article 40 paragraph (3) of the Regional Election Law are:
"In the event that a Political Party or coalition of Political Parties proposes a candidate pair using the provision of obtaining at least 25% (twenty five percent) of the accumulated valid votes as referred to in paragraph (1), this provision only applies to Political Parties that obtain seats in the Regional People's Representative Council."
The two parties suing asked the Constitutional Court (MK) to declare the article contradictory to the 1945 Constitution (UUD). They also asked the MK to allow political parties participating in the election that do not have seats in the DPRD to nominate regional head candidate pairs.
The Constitutional Court also granted part of the lawsuit. The Constitutional Court stated that the essence of the article was actually the same as the explanation of Article 59 paragraph (1) of Law 32/2004 which had been declared to be in conflict with the 1945 Constitution by the Constitutional Court. Therefore, said the Constitutional Court, Article 40 paragraph (3) of the Regional Election Law should no longer exist.
"Article 40 paragraph (3) of Law 10/2016 has lost its footing and is no longer relevant to be maintained, so it must also be declared to be in conflict with the 1945 Constitution of the Republic of Indonesia," said the Constitutional Court, quoted by brilio.net from liputan6.com, Wednesday (21/8).
photo: liputan6.com
So, to know in more detail what the points of the Constitutional Court's decision are, here is the Constitutional Court's decision which changes Article 40 paragraph (1) of the Regional Election Law.
Political parties or coalitions of political parties participating in the election may register candidate pairs if they meet the following requirements:
To propose gubernatorial candidates and vice gubernatorial candidates:
a. Provinces with a population listed on the permanent voter list of up to 2 million people, political parties or coalitions of political parties participating in the election must obtain at least 10% of valid votes in the province.
b. Provinces with a population listed on the permanent voter list of more than 2 million people to 6 million people, political parties or coalitions of political parties participating in the election must obtain at least 8.5% of valid votes in the province.
c. Provinces with a population listed on the permanent voter list of more than 6 million to 12 million people, political parties or coalitions of political parties participating in the election must obtain at least 7.5% of valid votes in the province.
d. Provinces with a population listed on the permanent voter list of more than 12 million people, political parties or coalitions of political parties participating in the election must obtain at least 6.5% of valid votes in the province.
To propose candidates for regent and vice regent as well as candidates for mayor and vice mayor:
a. In districts/cities with a population listed on the permanent voter list of more than 250 thousand people, political parties or coalitions of political parties participating in the election must obtain at least 10% of valid votes in the district/city.
b. In districts/cities with a population listed on the permanent voter list of more than 250 thousand to 500 thousand people, political parties or coalitions of political parties participating in the election must obtain at least 8.5% of valid votes in the district/city.
c. In districts/cities with a population listed on the permanent voter list of more than 500 thousand to 1 million people, political parties or coalitions of political parties participating in the election must obtain at least 7.5% of valid votes in the district/city.
d. In districts/cities with a population listed on the permanent voter list of more than 1 million people, political parties or coalitions of political parties participating in the election must obtain at least 6.5% of valid votes in the district/city.