Former Constitutional Court Judge Emphasises Proportionality in Parliamentary Threshold

First, the Constitutional Court emphasised the need for proportionality. There must be a balance between achieving government stability, the simplification of parties, and the ease of decision-making due to the simplified parliament, he said. Jakarta (ANTARA) - Former Constitutional Court judge Arief Hidayat stressed that the determination of the parliamentary threshold must heed the principle of proportionality. In his remarks during a seminar in Jakarta on Tuesday evening, 3 March, the proportionality principle should create a balance between political stability in government, the simplification of parties, and the effectiveness of decision-making.

He referred to Constitutional Court Decision No. 116/PUU-XXI/2023, which strongly emphasised that changes to the threshold formula must not discard valid votes. “It must not lead to the disposal of many valid votes, wasted for no purpose, because that would breach the principles of popular sovereignty. That is Decision 116 of the Constitutional Court,” he said.

To introduce a proportional mechanism in the forthcoming elections, the formulation of a new formula must take into account factors related to the formation of laws. “The factors of political stability, the effectiveness of decision-making, and related factors must continue to be considered, and that is the kind of ruling desired by the Constitutional Court,” he said.

He explained that the Court’s intent in changing the threshold formula is very simple and requires consensus between state institutions, namely to achieve the objectives of a common vision and mission. “Any party, the aims and missions are the same in Parliament. Even if dissected according to each party’s vision and mission, the direction remains the same. At meetings with party leaders, and with the President at that time, Mr Jokowi; Jokowi was still in his first five-year term. We were bound by the same vision and mission,” he said.

“We can synergise, but we must not interfere with each other’s duties and powers. We may be fragmented within parties, but we must be statesmen,” he added.