Constitutional Court Rules 30% Female Quota Mandatory to Address Representation Gap
The Constitutional Court (MK) has confirmed that the minimum 30% female representation quota for candidates in the House of Representatives (DPR) and Regional Legislative Councils (DPRD) is compulsory, not voluntary for political parties. Parties failing to meet this requirement will be disqualified from the relevant electoral districts.
The ruling, in case number 128/PUU-XXIV/2026 concerning a material review of the 2017 Election Law (UU Pemilu), was delivered during a plenary session led by MK Chief Justice Suhartoyo at the MK building in Jakarta on Monday (25/5).
In its decision, the court partially granted the petitioners’ request and declared Article 245 of the Election Law unconstitutional and invalid unless interpreted to require that legislative candidate lists include at least 30% female representation. “If the 30% female representation requirement is not met, the General Election Commission (KPU), provincial KPU, and district/city KPU must disqualify or exclude the political party from the relevant electoral district,” Suhartoyo stated during the ruling.
The court emphasised that the female quota is no longer a facultative norm but a binding obligation. Justice Guntur Hamzah explained that policy direction on female representation has significantly shifted since the 2004 election. Initially, the quota was optional as the 2003 Election Law used the phrase “dapat” (may), but this was removed in the 2009 election law, making it mandatory.
Justice Adies Kadir added that the removal of “dapat” signified a strict legal obligation, reinforced by requiring parties to place at least one woman in every three candidate positions on the list. “Political parties must ensure at least one female candidate for every three candidates on the DPR and DPRD lists,” he said.
The court viewed the quota as a constitutionally valid affirmative action measure to address the current imbalance in parliamentary representation. Referring to Article 28H(2) of the 1945 Constitution, which allows special treatment to achieve equality and justice, the court noted that despite near-equal population demographics (144.8 million men and 142.3 million women in 2026, per BPS data), female representation in parliament has never reached 30%.
“The affirmative action policy to increase female representation in legislative bodies is necessary,” Guntur Hamzah stated. The ruling also affirmed that the quota does not violate men’s constitutional rights, aligning with Indonesia’s international commitments under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), ratified through Law No. 7 of 1984.
The decision reinforces previous MK rulings on female representation, including those in 2008, 2014, and 2024, consistently upholding the quota as a constitutional measure to ensure gender equality in politics and expand women’s participation in legislative decision-making.