JAKARTA, KOMPAS.com \u2013 The Constitutional Court (MK) was unable to\naccept a petition for judicial review of Article 414(1) of Law Number 7\nof 2017 concerning General Elections (Election Law).<\/p>\n
\u201cThe Court\u2019s decision declares that Petition Number 37\/PUU-XXIV\/2026\ncannot be accepted,\u201d stated MK Chief Justice Suhartoyo during a hearing\non Monday, 2 March 2026.<\/p>\n
Deputy Chief Justice Saldi Isra explained that at the time the\npetition was filed, the House of Representatives and government had not\nyet made amendments to Article 414(1) of the Election Law, as ordered by\na previous MK decision.<\/p>\n
Consequently, there was no amendment to Article 414(1) of the\nElection Law that formed the subject matter of this petition.<\/p>\n
\u201cPetition Number 37\/PUU-XXIV\/2026 is premature,\u201d Saldi said.<\/p>\n
Previously, Kawal Pemilu and Demokrasi (KPD) had filed a petition to\nchallenge Article 414(1) of the Election Law concerning the\nparliamentary threshold.<\/p>\n
Both groups emphasised that legal uncertainty arising from the\nabsence of a maximum parliamentary threshold limit served as the primary\nbasis for this petition, which emerged following Constitutional Court\nDecision 116\/PUU-XXI\/2023 issued on 29 February 2024.<\/p>\n
Article 414(1) of the Election Law states: \u201cPolitical Parties\nparticipating in General Elections must meet a minimum vote threshold of\nat least 4 per cent of the total valid votes cast nationally in order to\nbe included in determining the allocation of House of Representatives\nseats.\u201d<\/p>\n
However, the petitioners argued that the MK decision did not\nestablish a constitutional maximum limit on the parliamentary\nthreshold.<\/p>\n
The absence of such a maximum limit created genuine legal uncertainty\nbecause legislators possessed extremely wide discretion to raise the\nthreshold without clear constitutional parameters.<\/p>\n
The petitioners noted that there were discussions in parliament\nwhereby the majority of political parties did not wish to lower the\nparliamentary threshold. Some parties even wanted to maintain the 4 per\ncent threshold or raise it to 5, 7, or even 8 per cent.<\/p>\n
Rather than lowering the parliamentary threshold, these discussions\nemerged, prompting the petitioners to file this judicial review petition\nwith the MK.<\/p>\n
According to the petitioners, the parliamentary threshold should not\nexceed 2.5 per cent.<\/p>\n
Therefore, in their petition, the petitioners asked the Court to\ndeclare that Article 414(1) of the Election Law, as interpreted in MK\nDecision Number 116\/PUU-XXI\/2023, is conditionally constitutional and\nshall apply to the 2029 House of Representatives elections and\nsubsequent elections, provided that amendments are made to the\nparliamentary threshold norms and that the specific figure or percentage\nof the parliamentary threshold does not exceed 2.5 per cent.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/constitutional-court-rejects-premature-challenge-to-parliamentary-threshold-law-1772438379", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }