Perludem: Constitutional Court Ruling Vital for Boosting Women's Political Representation
The Election and Democracy Association (Perludem) supports the Constitutional Court’s ruling that political parties can be disqualified or excluded from elections in specific districts if they fail to meet the 30% female candidate quota. Executive Director Heroik Mutaqin Pratama stated the ruling is crucial for increasing women’s political representation.
“This ruling is vital to boost women’s political representation, which currently stands below 30% in the House of Representatives. The imposition of sanctions will compel political parties to take the quota seriously in their candidate lists,” Heroik told journalists on Wednesday, 27 May 2026.
He noted the ruling aligns with the long-standing advocacy of civil society groups. He referenced previous Election Commission regulations (PKPU) that applied downward rounding for the 30% female candidate quota.
“The Election Commission previously issued regulations allowing downward rounding for the 30% female quota, which contradicted affirmative action principles. Although the Supreme Court later annulled this rule, the Election Commission failed to prompt parties to revise their candidate lists,” Heroik said.
He added that the Constitutional Court’s ruling reinforces the female candidate quota in elections, necessitating its incorporation into the upcoming election law revision.
“This ruling strengthens the legal framework while restricting the Election Commission’s ability to interpret the 30% quota differently, and complements the Supreme Court’s earlier annulment of PKPU 10/2023, which was the root cause of the 2024 legislative election’s failure to meet the 30% female candidate minimum,” he said.
“As the Constitutional Court’s ruling is final and binding, it should be incorporated into the election law revision,” he added.
The Constitutional Court ruled that the minimum 30% female representation in legislative elections must be strictly adhered to, stating that parties failing to meet the quota would be disqualified or excluded from the election in the relevant district. The ruling was formalised in Decision No. 128/PUU-XXIV/2026, delivered on Monday, 25 May. The case was brought by Maya Novita Sari, Imas Dion Febriani, Cahya Camila Evanglin, and Fatati Nailul Munadia, who argued that Article 245 of the 2017 Election Law contradicted the 1945 Constitution due to the lack of sanctions for parties violating the quota.
The court amended Article 245 of Law No. 7/2017 on Elections. The ruling stated: “Article 245 of Law No. 7 of 2017 on Elections is inconsistent with the 1945 Constitution and is conditionally unenforceable unless interpreted as: ‘The candidate list referred to in Article 243 must include a minimum 30% female representation, and if this quota is not met, the General Election Commission (KPU), Provincial KPU, and Regency/City KPU shall disqualify or exclude the political party from the election in the relevant district’.”
Previously, the article read: “Article 245: The candidate list referred to in Article 243 must include a minimum 30% female representation.”