PKB to Review Proposal for DPRD Threshold: Must Refer to Constitutional Court Ruling

Deputy Chair of PKB in Commission II of the DPR RI, Muhammad Khozin, stated that his party will review the proposal for a parliamentary threshold at the provincial, regency, or city level. Khozin mentioned that they will prepare several policy scenarios. “Until now, PKB is still conducting studies and simulations with various policy option scenarios. However, the main aspect of choosing the threshold size,” Khozin told reporters on Friday (24/4/2026). Khozin said that every decision taken must refer to the ruling. He alluded to the simplification of political parties in elections. “However, the main aspect of choosing the threshold size must refer to Constitutional Court Ruling No. 116/PUU-XXI/2023, adhering to the principles of simplifying political parties and proportionality in elections,” Khozin said. He stated that the considerations discussed by the DPR must align with the MK’s mandate in its ruling. Meanwhile, seat calculations for DPRD have been conducted without a threshold, allowing parties with national votes below 4% to still obtain legislative seats in regions. “That principle must also be used in determining the threshold size, including in deciding whether or not to apply the threshold to provincial and regency DPRDs,” he added. It is known that the Constitutional Court (MK) assessed that the 4% national valid vote parliamentary threshold provision regulated in Law No. 7 of 2017 is not in line with the principle of people’s sovereignty. The MK at that time ordered the parliamentary threshold to be amended before the 2029 General Elections. This was stated by the MK in the ruling of case 116/PUU-XXI/2023, filed by the Association for Elections and Democracy (Perludem). The hearing at that time was led by MK Chief Justice Suhartoyo. Nevertheless, in its considerations, the MK stated that the provision of Article 414 paragraph (1) in Law 7/2017, which regulates the 4% parliamentary threshold, remains constitutional for application to the 2024 election results. However, this parliamentary threshold can no longer apply to the 2029 DPR elections. “As a juridical consequence, the norm of Article 414 paragraph (1) of Law 7/2017 must be declared conditionally constitutional as long as it is still applied to the 2024 DPR election results and not applied to the 2029 DPR election results and subsequent elections unless changes are made to the parliamentary threshold norm and the size or percentage of the parliamentary threshold,” the MK stated in its considerations, as seen on Thursday (29/2/2024).