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Constitutional Court Rejects Ummah Party Lawsuit on 4% Parliamentary Threshold in Indonesia’s Election Law

Jakarta

The Constitutional Court (MK) did not accept the lawsuit Ummah Party regarding the parliamentary threshold (PT) of 4% which is regulated in the Election Law. The Constitutional Court stated that the applicant’s application lost its object.

The decision was read out in the Constitutional Court session on Thursday (29/2/2024). The plaintiffs in this case are the Chairman of the Ummat Party, Ridho Rahmadi, and the Secretary General of the Ummat Party, Ahmad Muhajir Sodrudin.

The applicant’s petition is:

1. Granting the Applicant’s Application in its entirety;
2. Declare that Article 414 paragraph (1) of Law Number 7 of 2017 concerning General Elections (State Gazette of the Republic of Indonesia of 2017 Number 182 and Supplement to the State Gazette of the Republic of Indonesia Number 6109) is contrary to the 1945 Constitution and has no binding legal force as long as it is not interpreted, “Election Contesting Political Parties must meet the vote acquisition threshold of at least 4% (four percent) of the number of valid votes nationally or seat acquisition of at least 4% (four percent) of the number of DPR RI seats to be included in determining the acquisition seat of member of the DPR.”;
3. Order that this Decision be placed in the State Gazette of the Republic of Indonesia as appropriate.
Or if the Constitutional Court thinks otherwise, ask for a decision that is as fair as possible (ex aequo et bono).

Article 414 paragraph (1) of Law 7/2017 reads:

(1) Political Parties Contending in the Election must meet the vote acquisition threshold of at least 4% (four percent) of the number of valid votes nationally to be included in determining the acquisition of DPR member seats.

After undergoing a series of trials, the Constitutional Court stated that it did not accept the applicant’s application. One of the reasons is that the Constitutional Court had already considered the object of review in the case, namely article 414 paragraph (1) of Law 7/2017, in the lawsuit filed by Tulisdem and had handed down a decision which was pronounced earlier in the trial on the same day.

“Declaring that the Petitioner’s petition cannot be accepted,” said the MK.

Watch the video ‘MK Decision: 4% Parliamentary Threshold Must Be Changed Before 2029 Election’:

(haf/imk)

2024-03-01 03:50:01


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