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Trashing the threshold

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Jakarta Post - January 4, 2025

Jakarta – A New Year gift came from the Constitutional Court on Thursday as it, on the 33rd time of asking, finally accepted the argument that every political party should stand an equal chance of nominating a presidential candidate.

But without sweeping electoral reforms that guarantee fair competition, the euphoria will quickly wane and the oligarchs, rather than the people, will continue to benefit from Indonesian democracy.

The court voted to strike down the presidential threshold in a split decision, with two justices dissenting on the grounds that four university students who filed a petition for judicial review of the threshold lacked standing. In fact, several other petitions had been filed with the court, all demanding an end to the electoral system that favors only the strong.

The threshold, stipulated in the 2017 General Elections Law, requires a party or coalition of parties to control 20 percent of the House of Representatives seats or to have won 25 percent of the popular vote in the previous legislative election to be eligible to field a presidential candidate.

The threshold was originally set at 15 percent in the first-ever direct presidential election in 2004 and increased to 20 percent in 2009, to produce political stability under a strong presidential system of government. The threshold is also believed to avoid excessive political fragmentation, making elections easier to manage, and facilitating the formation of majority, and thereby effective, governance.

However, many regard the system as discriminatory against smaller and new parties, which is why the threshold has been challenged from the outset, albeit to no avail until two days ago. The threshold has come under fire also because it potentially disenfranchises minority groups.

In their decision, the panel of justices concurred with the petitioners' concern about the discriminatory element of the threshold and its repercussions, including the fact that it had made elections less competitive and undermined popular sovereignty and the rights of voters.

"In previous elections, certain political parties dominated the process to nominate candidates, which limited the rights of voters to have alternative candidates," Justice Saldi Isra said in the ruling.

The presidential elections in 2014 and 2019 forced voters to choose between two candidates, creating a painful polarization that took a long time to heal. A two-horse race can reduce administrative costs, but the price the nation has to pay is too high as evident in the social divide resulting from the elections.

More than that, the promise of better governance and democratic consolidation expected from implementing the presidential threshold has barely been fulfilled. Transactional politics that translates into coalition building to nominate a presidential candidate has only bred corruption involving politicians, mostly those around the power circle.

Democracy has been hijacked by the political elites to grab power, which allows them to realize their ambitions and serve the interests of their cliques and financiers. The last 10 years have seen a democratic regression, instead of a strengthening, and the rule of law overthrown by the rule of power.

The court ruling arrived only after the damage had been done. But it is always better late than never, as we have so far not found any other system that is more reliable than democracy.

Titi Anggraini, cofounder of the Association for Elections and Democracy (Perludem), who also filed a judicial review motion against the threshold, called the ruling a "victory" for all Indonesian people. She said the court decision would ensure a more just, equal and inclusive democracy in the country as voters will have more options in the elections.

But the absence of a threshold also means a free market, where any party can field whatever presidential candidate it sees fit. The more is not necessarily the merrier if a figure with power and money can buy support from a small party to run for president.

The revision of the elections law in the House will therefore be challenging, especially because it is controlled by parties that support the establishment. Indeed, the fight for substantial democracy is far from over.

Source: https://www.thejakartapost.com/opinion/2025/01/04/trashing-the-threshold.htm

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