Jakarta. The Constitutional Court on Thursday annulled a key provision in the 2017 General Elections Law that required a political party or coalition to secure at least 20 percent of the House of Representatives seats or 25 percent of the popular vote in the previous election to nominate a presidential candidate.

This landmark ruling is set to have a significant impact on the 2029 presidential election, potentially simplifying the nomination process and reducing the intense political bargaining previously needed to meet the 20 percent threshold.

Article 222 of the General Elections Law has long been criticized for limiting citizens’ opportunities to run for the presidency. It has also faced accusations of empowering party leaders to unilaterally shape presidential nominations, as independent candidates were barred from contesting under the law.

The ruling was issued in response to the 33rd lawsuit filed against the article, highlighting its controversial nature. The petitioner, Enika Maya Oktavia, argued that the article was unconstitutional and discriminatory.

Constitutional Court Chief Justice Suhartoyo agreed, declaring the provision inconsistent with the 1945 Constitution and lacking a sound legal foundation. Justice Saldi Isra also supported the ruling, noting that the article violated the equality principle enshrined in Article 27 of the Constitution, which states, “All citizens are equal before the law and the government and must obey the rule of law and governance system without exception.”

Indonesia’s presidential election system has undergone significant evolution since the country embraced direct elections in 2004. Under this system, citizens vote directly for the president and vice president, rather than leaving the decision to the legislature.

The 20 percent parliamentary threshold, introduced under the 2008 and later reinforced by the 2017 election law, was intended to streamline the number of presidential candidates, ensuring only those with substantial political backing could contest. However, critics argued that it restricted competition and gave disproportionate power to large political parties.

This threshold created a scenario where smaller parties had to form coalitions, leading to complex bargaining processes and compromises. It also fueled criticism that the system excluded individuals with strong public support but without ties to major political parties.

The repeal of the threshold could lead to a more inclusive electoral process, enabling smaller parties and potentially independent candidates to present nominees for the presidency. Observers believe this may result in a broader array of choices for voters in future elections and could reshape Indonesia’s political landscape.

The 2024 presidential election, which saw Prabowo Subianto and Gibran Rakabuming Raka secure the presidency and vice presidency, was contested under the 20 percent threshold system. The newly announced ruling, therefore, marks a turning point in the nation’s electoral framework, with the potential to redefine how candidates emerge for the 2029 race.

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