Yustinus Paat, Heru Andriyanto, Jakarta – The Constitutional Court on Thursday instructed lawmakers to draft a new law on presidential elections to prevent an overabundance of candidates following its decision to ease nomination requirements.
Earlier in the day, the court annulled a contentious article that required a political party or coalition to control at least 20 percent of House of Representatives seats or secure 25 percent of the popular vote in the previous election to nominate a presidential candidate.
The ruling, considered a landmark in Indonesia's electoral framework, allows all political parties, regardless of size, to nominate candidates for the 2029 presidential election without forming coalitions. This effectively repeals the parliamentary threshold that has been in place since 2008, which had historically sidelined smaller parties from independently fielding presidential candidates.
"When amending the law on general elections, lawmakers must ensure that there is no excessive number of presidential and vice-presidential candidate pairs, thus avoiding disruptions to the essence of direct elections by the people," Justice Saldi Isra said at the Constitutional Court building in Jakarta.
The court also issued five key guidelines to direct lawmakers in amending the election law:
- Nomination Rights: All political parties participating in the general elections must have the right to nominate presidential candidates.
- No Threshold Limitations: Candidate nominations must not be restricted by a specific percentage of House seats or popular votes won by the party.
- Coalition Flexibility: Political parties may form coalitions to nominate candidates, provided such coalitions do not result in an overwhelming majority that could limit voter choices.
- Mandatory Participation: Any political party that fails to nominate a presidential candidate will be disqualified from participating in the subsequent election.
- Inclusive Process: The amendment process must ensure "meaningful participation" from the public and political parties, including those without parliamentary representation.
The court's decision marks a significant shift in Indonesia's electoral system, promoting greater inclusivity and competition. However, it also presents new challenges for lawmakers tasked with balancing inclusivity and practicality to prevent an excessive number of candidates from diluting the electoral process.
The annulment of the parliamentary threshold aligns with calls for a more democratic nomination process but may require innovative solutions to streamline elections while maintaining the principles of fairness and representation.
This ruling, combined with the new legislative mandate, has the potential to reshape Indonesia's political landscape as it heads toward the 2029 presidential election.