Voters putting ballot cards into a box at a polling station in Jakarta. - ST PHOTO: LINDA YULISMAN
JAKARTA (The Straits Times/ANN): A recent ruling by Indonesia’s Constitution Court that a law setting a minimum-vote threshold before political parties could nominate a presidential candidate was “null and void” has been hailed by civil society groups and smaller political parties, raising hopes for more nominees for the country’s top job in the next polls come 2029.
That law was challenged by four university students in court, saying it restricted the rights of voters and smaller parties. The court on Jan 2, 2025, ruled in their favour, declaring it to be not legally binding.
“The court understands that the threshold benefits large political parties, or at least contestants with seats in the House of Representatives,” said Justice Saldi Isra, who delivered the ruling. He also said that in previous elections, the big political parties had dominated the process to nominate candidates, “which limited the rights of voters to have alternative candidates”.
The ruling will give space for smaller parties to prepare for their own presidential nominees, said Mr Hadar Nafis Gumay, executive director of election watchdog Network for Democracy and Electoral Integrity.
The threshold, stipulated in the 2017 General Elections Law, requires a party or coalition of parties to control 20 per cent of the House of Representatives seats, or to have won 25 per cent of the popular vote in the previous legislative election to be eligible to field a presidential candidate.
The level was originally set at 15 per cent in the first-ever direct presidential election in 2004, and increased to 20 per cent in 2009. While aimed at streamlining the number of presidential candidates, opponents said the law suppressed competition and gave dominant political parties an unfair advantage.
Indonesia last held its presidential election in February 2024. The victors were President Prabowo Subianto and his Vice-President Gibran Rakabuming Raka. The election was a three-way race that concluded in one round.
“It is truly a victory for Indonesians because there will be potentially a wider slate of presidential nominees, a change from past elections where only limited numbers of candidates contested,” Mr Hadar told The Straits Times. He is a former commissioner at the General Elections Commission.
Political observer at Jakarta-based think tank Centre for Strategic and International Studies, Mr Arya Fernandes, agreed, saying the ruling would change Indonesia’s political landscape, as “the presidential elections will likely occur in two rounds instead of one round”.
Presidential polls in Indonesia will go to a second round when none of the candidates receive more than 50 per cent of the votes. The second round will feature the two candidates who got the highest number of votes in the first round.
The Jan 2 court ruling has erased the “exclusive rights” of big political parties to nominate a presidential candidate, co-founder of election watchdog the Association of Elections and Democracy, Ms Titi Anggraini, told ST.
“It creates a level playing field for all political parties,” she said. She pointed out how only a handful of political parties have dominated past presidential elections in the past 15 years due to the minimum-vote threshold.
Ms Neni Nur Hayati, director of Democracy and Electoral Empowerment Partnership, said she hopes the ruling will open the path for more participation from women and youth.
Indonesia’s smaller and newer political parties have also welcomed the court ruling, which will give them more opportunities in a political space that has thus far been dominated by the major players.
Mr Said Iqbal, the chairman of the Labour Party – which was founded in 2021 and has no seat in Parliament – hailed the ruling as marking the revival of a “healthy democracy”.
“In 2029, the Labour Party can nominate its own presidential candidate without having to coalesce with other parties,” Mr Iqbal said.
In response to the development, Coordinating Minister for Legal Affairs, Human Rights, Immigration and Correctional Services, Professor Yusril Ihza Mahendra, said on Jan 3 that the government respected the “final and binding” ruling.
“The government will work together with the House of Representatives on the necessary changes and addition of norms in the election law as a result of the removal of the presidential nomination threshold,” he said. - The Straits Times/ANN
