Flashback: 5 Requirements from the MK in Determining the 2029 Parliamentary Threshold

Political parties in Indonesia each have their own arguments regarding the determination of the parliamentary threshold for 2029. Proposals range from 0, 3, 4, to 7 percent, put forward by parties both inside and outside Parliament. Before political parties presented their various proposals along with their reasons, the Constitutional Court (MK), through Decision Number 116/PUU-XXI/2023, had already provided five prerequisites for determining the parliamentary threshold. On Thursday (29/2/2023), the MK partially granted the petition regarding the 4 percent parliamentary threshold against Article 414 paragraph (1) of Law Number 7 of 2017 on Elections. The case, registered as Number 116/PUU-XXI/2023, was filed by the Chair of the Perludem Board, Khoirunnisa Nur Agustyati, and the Treasurer of the Perludem Foundation Board, Irmalidarti. In Decision Number 116/PUU-XXI/2023, the MK stated that the norm of Article 414 paragraph (1), or the 4 percent parliamentary threshold, remains constitutional as long as it applies to the 2024 DPR elections. In other words, the MK stated that the 4 percent threshold must be amended before the simultaneous 2029 elections. Constitutional Justice Saldi Isra explained that the MK leaves the amendment of the parliamentary threshold to the lawmakers. That amendment must consider five points. First, it must be designed for sustainable use. Third, the change must be placed within the framework to realise the simplification of political parties. Fourth, the change must be completed before the stages of organising the 2029 elections begin. “(Fifth) The change involves all groups with an interest in the conduct of General Elections by applying a meaningful public participation system, including involving participating political parties in elections that have no representation in the DPR,” explained Saldi Isra.