Adies Kadir: Political Parties Disqualified for Failing to Meet Female Quota

JAKARTA, KOMPAS.com - Constitutional Court Justice Adies Kadir stated that the ruling by the Constitutional Court (MK) which can disqualify political parties from specific electoral districts if they fail to meet the minimum 30% female representation in legislative candidate lists aims to realise the principle of popular sovereignty in fair elections. “This clarification is necessary to uphold the principle of popular sovereignty in fair electoral contests, thereby reducing discrimination against female representation in the DPR and DPRD,” Adies said during a hearing at the MK on Monday, 25 May 2026. According to the MK, political parties failing to meet this requirement can be disqualified from the relevant electoral district as stipulated in the ruling. The MK also noted that provisions in Article 245 of the Election Law relate to Articles 248, 249, 252(6), and 257(2) of the Election Law, which govern verification and final candidate list determination. “The verification of completeness under Articles 248 and 249 of Law No. 7 of 2017 must also serve as a norm to assess compliance with the minimum 30% requirement,” he explained. The MK observed that Indonesia’s male and female populations are relatively balanced, yet female representation in legislative bodies has never reached 30%. “Therefore, in the context of this petition, affirmative action as a form of positive discrimination to increase female representation in representative bodies is essential,” stated Arsul Sani. The policy is seen as the state’s effort to ensure gender equality in political life, as mandated by the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), ratified by Indonesia through Law No. 7 of 1984. The MK stressed that the state must take steps to eliminate discrimination against women, including guaranteeing women’s right to vote and stand for election, participate in government policy formulation, and engage in social and political organisations. The ruling was part of the MK’s partial acceptance of a material test of Article 245 of Law No. 7 of 2017 on General Elections. “The Article 245 of Law No. 7 of 2017 on General Elections (State Gazette of the Republic of Indonesia Year 2017 No. 182, Supplement No. 6109) is declared unconstitutional under the 1945 Constitution of the Republic of Indonesia,” said MK Chief Suhartoyo while reading the ruling on Monday, 25 May 2026. “If the minimum 30% female representation requirement is not met, the General Election Commission (KPU), provincial KPU, and regency/city KPU must disqualify or exclude the political party from the relevant electoral district,” he added. The material test petition was filed by four women: Maya Novita Sari, Imas Dion Febriani, Cahya Camila Evanglin, and Fatati Nailul Munadia.