Ambang Batas Presiden Open Legal Policy, Perlu Revisi UU Pemilu


Jakarta, CNN Indonesia

Wakil Ketua Umum PKB Jazilul Fawaid has expressed his belief that the 20 percent presidential threshold mandated by the Election Law falls into the category of open legal policy, which is under the jurisdiction of lawmakers. This assertion was made in light of the recent Constitutional Court (MK) ruling declaring the presidential threshold clause unconstitutional.

According to Jazilul, this classification implies that any amendments to the presidential threshold must be carried out through a revision of the law by the DPR. He communicated this viewpoint when asked for his reaction to the MK’s decision on Friday (3/1).

“This article is part of an open legal policy, which means that it is the responsibility of the DPR and the government to revise the norms in the Election Law,” stated Jazilul during a phone conversation.


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Jazilul remarked that the MK’s decision to eliminate this rule is a fitting new year’s gift. He acknowledged that the ruling has sparked debate and controversy.

He added that PKB plans to carefully consider the implications of this ruling and will decide on a course of action accordingly, while also monitoring the evolving situation within the DPR and the government, who are responsible for crafting legislation.


“We will formulate our strategy while waiting for the developments from the legislative bodies following the MK’s decision. This will inevitably affect the revisions to the current Election Law,” Jazilul concluded.

Indrajaya, a member of the DPR from the PKB faction, suggested that the registration process for political parties should be tightened. He emphasized the importance of limiting the number of presidential candidates.

Indrajaya proposed that restrictions could be implemented through revised electoral laws, stipulating that only parties that have secured seats in parliament should be allowed to nominate presidential candidates.

“We could also consider internal conventions among parties or setting a limit on presidential elections, similar to the one or two-round system used in the DKI Jakarta gubernatorial elections,” he added.

The MK’s ruling to abolish the presidential threshold was addressed in case number 62/PUU-XXII/2024, announced during a court session on Thursday (2/1).

The court granted a petition filed by four students from the Faculty of Sharia and Law at UIN Sunan Kalijaga Yogyakarta: Enika Maya Oktavia, Rizki Maulana Syafei, Faisal Nasirul Haq, and Tsalis Khoriul Fatna.

As a result of this ruling, every political party is now permitted to nominate their own presidential and vice-presidential candidates.

However, to avoid an excessive number of presidential candidates, the MK recommended constitutional arrangements, including encouraging parties to form coalitions, provided that these coalitions do not dominate the electoral process.

(thr/kid)


[Gambas:Video CNN]


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