Dasco Says MK Ruling on Female Representation to Be Incorporated into Election Law Bill
Deputy Speaker of the House of Representatives Sufmi Dasco Ahmad said the Constitutional Court’s ruling regarding sanctions for political parties failing to meet female representation requirements would be incorporated into the revision of the 2017 Election Law.
“The Constitutional Court’s ruling is final and binding, so we will include it in the revised Election Law,” Dasco said when met at the parliamentary complex in Jakarta on Tuesday (26 May).
He viewed the ruling as reflecting the Court’s support for women. The Court’s clarification, he said, strengthens the 30% female representation requirement that has been in place in recent elections.
“We believe there are many capable women who can be relied upon to meet the female quota for legislative positions at the regency/city, provincial, and national levels,” he added.
The Constitutional Court, in ruling No. 128/PUU-XXIV/2026 delivered on Monday (25 May), decided that political parties failing to meet the minimum 30% female representation requirement would be disqualified from the election.
The Court partially granted the petition filed by four students—Maya Novita Sari, Imas Dion Febriani, Cahya Camila Evanglin, and Fatati Nailul Munadia—who challenged Article 245 of the 2017 Election Law.
The Court stated that Article 245 of the Election Law, which does not specify sanctions for political parties failing to meet female representation requirements, contradicts constitutional principles including popular sovereignty, fair and just elections, and legal certainty.
In the ruling, the Court stated the article is constitutionally invalid unless interpreted to mean that candidate lists under Article 243 must include at least 30% women, and if this requirement is not met, the General Election Commission (KPU) and its provincial and regency/city branches must disqualify the party from the relevant electoral district.
In its legal reasoning, the Court explained that the 30% female representation in DPR/DPRD candidate lists has transformed from a facultative (optional) norm to an imperative (mandatory) one. This shift is evident in the removal of the word “can” (dapat) from relevant provisions since the 2009 election.
The Court also viewed the 30% female quota as an affirmative action policy. The provision is considered a form of positive discrimination to balance female and male representation in governance.
The Court also upheld previous rulings on female representation, including Decision No. 125-01-08-29/PHPU.DPR-DPRD-XXII/2024 concerning a 2024 legislative election dispute in Gorontalo’s Electoral District 6.
In that ruling, the Court found several political parties failed to meet the 30% female representation requirement and stated that if a party does not meet this, the KPU must disqualify it from the relevant electoral district.
Based on this reasoning, the Court stressed that strict sanctions must be imposed on parties failing to meet the 30% female quota. To implement Article 245 of the Election Law, KPU branches at all levels must disqualify parties from districts where the quota is not met.
“This clarification is necessary to realise the principle of popular sovereignty in fair elections and to reduce discrimination against female representation in the DPR and DPRD,” the Court stated.
He stressed that the Court’s ruling is final and binding, requiring all political parties to comply without exception.
NasDem politician Amelia Anggraini viewed the Court’s ruling on 30% female representation as a momentum for improving party cadre development.
Titi Anggraini considered the ruling a crucial step to ensure female representation is no longer treated as mere administrative formality in elections.
Strict sanctions are essential to ensure the spirit of Article 28H(2) of the 1945 Constitution is upheld, not merely a paper exercise.
The female quota policy is a form of affirmative action—constitutionally valid special treatment.
Understanding the urgency of the 30% female quota as a pillar of affirmative politics to create a more inclusive and equitable Indonesian democracy.
The Constitutional Court upheld Case No. 128/PUU-XXIV/2026.
Direct regional elections have long been a key instrument for strengthening public participation and ensuring people’s involvement in determining local leadership.
As long as female representation is confined to personal and domestic imagery, space for female leadership will continue to narrow.
The House of Representatives must implement the Constitutional Court’s ruling No. 169/PUU-XXI/2024 on the minimum 30% female representation in filling parliamentary committee positions.