Mahfud Responds to Constitutional Court Decision to Remove 4% Parliamentary Threshold: Age Requirements for Presidential and Vice Presidential Candidates Should Also Apply to the 2029 Election

Mahfud Responds to the Constitutional Court's Decision to Remove the 4% Parliamentary Threshold: The Age Requirement for Presidential and Vice Presidential Candidates Should Also Apply to the 2029 Elections

"Dream - Vice presidential candidate (cawapres) number 3, Mahfud Md, emphasizes that the Constitutional Court's decision regarding the change in the parliamentary threshold of 4 percent does not apply to the 2024 General Elections, but rather the 2029 General Elections. Therefore, he believes that political parties participating in the 2024 General Elections with less than 4 percent of the vote will still not be able to enter parliament."

"Cannot be applied now, definitely cannot be applied now. It is also called applicable before 2029. The one in 2024 is the old (rule). Don't dream, those who can get one percent, two percent can enter (parliament) now."

words Mahfud in the GBK area, Jakarta, Friday, March 1, 2024.

Mahfud Responds to Constitutional Court Decision to Remove 4% Parliamentary Threshold: Age Requirements for Presidential and Vice Presidential Candidates Should Also Apply to the 2029 Election

According to Mahfud, the implementation of new regulations can be done in 2029 because there must be a law that is changed first. He believes that there are special requirements to enter parliament, not all new parties can enter parliament.

"The meaning is that later the 2029 election will be changed first, by changing the law first, changed first later. That doesn't necessarily mean zero either. But, he deletes, what are the requirements, there must be other requirements, not just any new party can enter parliament, or those who have entered parliament if they haven't been a certain number of years ago they are not allowed to nominate presidential candidates. Later, it must be regulated."

he said.

According to Mahfud, in the tradition of world law, if there is a change in the rules, it must be done in the following period. However, he acknowledges that this case does not occur in the decision on the age requirement for presidential and vice presidential candidates in 2024.

"Indeed, it must be so, the application of it must be within the legal tradition worldwide if there are changes in rules, which burden or benefit someone must be in the following period, including for example the age of presidential candidates, vice presidents, if they want to be changed, it should apply to the upcoming elections, and that has been voiced."

Mahfud said.

"Previously, the Constitutional Court (MK) stated that the parliamentary threshold or the limit of 4 percent must be changed before the 2029 General Elections. This was declared through the decision of case number 116/PUU-XXI/2023, which was submitted by the Chairperson of the Management Board of Perludem, Khoirunnisa Nur Agustyati, and the Treasurer of the Management Board of Perludem, Irmalidarti."

In its decision, the Constitutional Court (MK) stated that the norm of Article 414 paragraph (1) or the parliamentary threshold of 4 percent remains applicable for the 2024 DPR elections. "The norm of Article 414 paragraph (1) of Law Number 7 Year 2017 regarding Elections is constitutional as long as it remains applicable for the 2024 DPR elections and conditionally constitutional to be enforced for the 2029 DPR elections and subsequent elections as long as changes have been made," said Chairman of the Constitutional Court Suhartoyo reading the verdict, Thursday, February 29, 2024.

In consideration, the Constitutional Court (MK) agrees with Perludem regarding the absence of a constitutional basis for determining the parliamentary threshold of 4 percent. MK states that the law never regulates the method of determining the threshold, but the percentage of the threshold is always increased.

"Regarding the parliamentary threshold as determined by Article 414 paragraph (1) of Law 7/2017, changes need to be made immediately while seriously considering several aspects,"
he said.

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Mahfud Responds to the Constitutional Court's Decision to Remove the 4% Parliamentary Threshold: The Age Requirement for Presidential and Vice Presidential Candidates Should Also Apply to the 2029 Elections

"Cannot be applied now, definitely cannot be applied now. It is also called applicable before 2029. The one in 2024 is the old (rule). Don't dream, those who can get one percent, two percent can enter (parliament) now."

"Regarding the parliamentary threshold as determined by Article 414 paragraph (1) of Law 7/2017, changes need to be made immediately while seriously considering several aspects,"he said.

"Regarding the parliamentary threshold as determined by Article 414 paragraph (1) of Law 7/2017, changes need to be made immediately while seriously considering several aspects,"
he said.