The MK has ruled that the presidential nomination threshold does not contradict the Constitution.
By
·3 minutes read
Kompas/Lasti Kurnia
A scene at a hearing presided by Constitutional Court justice Arief Hidayat, settling a judicial review on the presidential nomination threshold in Jakarta on Thursday (11/1). The Constitutional Court has rejected a challenge to Article 222 of Law No. 7/2017 on election, which stipulates the presidential nomination threshold, and has stated that the article does not violate the Constitution.
With two judges expressing dissenting opinions, the Constitutional Court (MK) has ruled that the presidential nomination threshold does not contradict the Constitution.
The MK argued that the required 20 percent of the seats at the House of Representatives or 25 percent of the popular vote for parties to nominate a presidential candidate is part of an open legal policy between the government and the House. The MK stated that the threshold aimed to strengthen the presidential system. Meanwhile, two judges, Suhartoyo and Saldi Isra, had dissenting opinions. They said the presidential threshold gave people not enough presidential candidates to choose from.
The MK ruling will stir debates, one of which pertains to the use of 2014 legislative election data as the basis of reference for the 2019 presidential candidacy. In fact, the 2014 legislative election data has already been used in the 2014 presidential election. Disagreement with the MK ruling is nothing unusual. It will enrich discussions about constitutionalism and the electoral system. Yet, the MK has issued the ruling, which is final and binding.
We encourage political party leaders to immediately think about coalition arrangements for the 2019 presidential candidacy. The registration of presidential nominees will take place in August 2018. Referring to 2014 legislative election data, none of the political parties can nominate presidential candidates on their own, including the election winner PDI-P, which collected 18.9 percent of the popular vote and controls 19.5 percent of House seats. The PDI-P must build a coalition with other parties.
Based on records of this daily newspaper, President Joko Widodo has secured backing from the Golkar Party (16.3 percent), the Nasdem Party (6.3 percent) and the Hanura Party (2.9 percent). The PDI-P, so far, has not officially endorsed President Jokowi for a second term. With the support of those three political parties, President Jokowi has secured his ticket for the presidential election slated for April 17, 2019.
One of the strongest candidates for 2019 is Prabowo Subianto, who is supported by the Gerindra Party (13 percent of House seats). If the PAN (8.8 percent) and the PKS (7.1 percent) join, Prabowo will also secure a ticket for the presidential election. His running mate will be a strategic issue.
The MK ruling has clarified the rules for presidential nominations. It is now up to political party leaders to build coalitions for the 2019 election. Such coalitions should be based on similarity of principles and values, not on short-term interests that may change depending on the political context.
The 2019 election should mark the consolidation of democracy. Indonesia should be able to pass this crucial period. This will be the responsibility of the political elites, particularly President Jokowi, to lay the foundation for the 2024 election. The year 2024 is a year before Indonesia celebrates its 80th anniversary of independence. At that stage, Indonesia will truly enter a new era, with new leaders and new challenges.
