"Dream - The Constitutional Court (MK) stated that the parliamentary threshold or the parliament's limit of 4 percent must be changed before the 2029 Election. This was stated in the decision of case number 116/PUU-XXI/2023 submitted by the Chairperson of the Perludem Management Board, Khoirunnisa Nur Agustyati, and the Treasurer of the Perludem Foundation, Irmalidarti."
In its decision, the Constitutional Court stated that the norm of article 414 paragraph (1) or the parliamentary threshold of 4 percent still applies to the 2024 DPR Election.
"Stating that the norm of Article 414 paragraph (1) of Law Number 7 of 2017 concerning Elections is constitutional as long as it remains applicable to the 2024 DPR elections and conditionally constitutional to be enforced in the 2029 DPR elections and subsequent Elections as long as changes have been made."
The Chairman of the Constitutional Court, Suhartoyo, read the verdict on Thursday, February 29, 2024.
"In consideration, the Constitutional Court (MK) agrees with Perludem regarding the absence of a basis for determining the parliamentary threshold of 4 percent. MK stated that the law never regulates the method of determining the threshold, but the percentage of the threshold is always increased."
"Regarding the threshold of parliament as determined by Article 414 paragraph (1) of Law 7/2017, changes need to be made immediately, taking into serious consideration several aspects," he said. Constitutional Judge Saldi Isra stated that the Constitutional Court is handing over the changes in the threshold of parliament to the lawmakers."
However, the change must consider five points. First, it must be designed for sustainable use. Second, changes in the threshold norm for parliament, including the magnitude of the number or percentage of the threshold, must remain within the framework of maintaining the proportionality of the proportional electoral system, especially to prevent a large number of votes that cannot be converted into seats in the DPR.
Third, changes must be implemented in order to achieve the simplification of political parties. Fourth, the changes have been completed before the implementation stage of the 2029 General Election.
"Changes involve all parties who have concerns about the conduct of general elections by implementing a meaningful public participation system, including involving political parties participating in the elections who do not have representation in the DPR (People's Consultative Assembly)."
The words of Saldi Isra.
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