Antara, Jakarta – The Constitutional Court ruled on Monday that political parties can be disqualified from contesting elections in specific electoral districts if they fail to meet the mandatory 30% quota for female legislative candidates.
The ruling granted a judicial review petition challenging Article 245 of Law No. 7/2017 on General Elections, which regulates minimum female representation in parliamentary candidate lists.
Chief Justice Suhartoyo said the provision was inconsistent with the 1945 Constitution as long as it did not impose sanctions invalidating political parties that fail to comply with the female representation quota requirement.
The petition was filed by four women petitioners: Maya Novita Sari, Imas Dion Febriani, Cahya Camila, and Fatati Nailul Munadia.
The petitioners argued that the previous regulation lacked firm sanctions against political parties violating the quota requirement, rendering the 30% representation rule ineffective during the electoral process.
In its legal considerations, the court stated that the absence of sanctions contradicted constitutional principles of fair and honest elections, legal certainty, and affirmative measures aimed at achieving gender equality.
Constitutional Justice Adies Kadir said the court found the previous arrangement ineffective because political parties were still allowed to participate in elections despite failing to satisfy the female representation requirement.
Another justice, Asrul Sani, said the quota system serves as a constitutional safeguard designed to strengthen women's representation in public policymaking.
The petitioners had previously pointed to several electoral districts that allowed political parties to compete despite failing to meet the female candidate quota, including districts in Trenggalek and Tulungagung in East Java.