Constitutional Court Rejects Lawsuit Against Election Law, Maintains Open Proportional System for 2024 Election

REPUBLIKA.CO.ID, JAKARTA — The Constitutional Court (MK) has decided to reject a lawsuit against the general election system (Pemilu). Thus, the 2024 election system will still use open proportional.

In its conclusion, the Constitutional Court emphasized that the main point of the petition regarding the election system was groundless according to law in its entirety. As a result, the lawsuit numbered 114/PUU-XX/2022 failed to re-enforce the closed proportional election system.

“On trial, rejecting the applicant’s application in its entirety,” said Chief Justice of the Constitutional Court Anwar Usman in a hearing to read the verdict at the Constitutional Court building on Thursday (14/6/2023).

In its considerations, the Constitutional Court assessed that the 1949 RIS Constitution and the 1950 UUDS did not determine the type of general election system used for members of the legislature. This position was taken by the Constitutional Court after considering the provisions in the constitution governing general elections.

“The amended 1945 Constitution does not even determine the general election system for electing DPR members and DPRD members. In this case, for example, Article 19 paragraph (1) of the 1945 Constitution states that DPR members are elected through general elections,” said judge MK Suhartoyo.

The Constitutional Court is more supportive of an open proportional system because it supports a more democratic climate in the country. This is the opposite if a closed proportional system is applied.

“The proportional system with an open list is considered more democratic,” said Suhartoyo.