Presidential Threshold Removal – Part 3
“A Part of the Story of “Hand of God”?
by A. Irmanputra Sidin PhD in Constitutional Law/ Constitutional Lawyer
In this part, I want to tell the story, that actually, so many turbulences petitions after election 2019, and all petitions to remove presidential threshold were quashed by the Constitutional Court. One of the senior political figures, he was a former Coordinator Minister, contacted me to arrange the meeting, and, as a senior, I always have been very respectful to him, and promised that I would have to face him. The meeting held in approximately 2021 at his house. He told, about his idea to remove the presidential threshold by filing a lawsuit to the Constitutional Court (The Court).
After we had lunch, chit chat about politics and else, I told him, that the lawsuit or petition about Presidential Threshold will be very “outstanding” if the court would abolish it. But, at that time, so many petitions for the Presidential Threshold quashed by the court even until before the last decision in 2025. The court always figures out a moment make landmark decision or breakthrough verdict, moreover this was may classified “to overthrow” some of norms that are rooted of “politically needs” of big political parties and have planted so long in political playing fields. At that time, It was not the right moment.
Whatever it is, even all constitutional justices in the court, deemed as a God’s representative in the world, but it is just a legal fiction. They are human! and as a human being, which has so many dynamics, interest in their life, so, the “anxiety”, even “fear” still planted in Constitutional Justices mind. Don’t rush being desperate, skeptical, disappointed or even mock. Because of the “fear”, human has resiliences. A Fear built human thought plausible and smart. Even, the fear could built creativity, innovation, and breakthrough. That is the Power of Fear!
I told him, Presidential Threshold someday will “overthrown” by the court because all the arguments sticked to it, actually not proven, so the court someday would realize. But, How the court would be mindful?, depends on the series of events that have happened in the big frame of politics, mainly influenced by highly controversial events, before the court would declare the petition of the abolition of presidential threshold legally grounded and the court would handed down a verdict to grant the petitioners.
Source: sindonews.com
All of that series of events, would drive subconscious and conscious mind of the court, at least majority Constitutional Justices. I told him, someday, the court would face petitioner not comes from political community or highly politics public figure or politics activist, but probably the court need petitioners who has no interest about candidates process in presidential election. The Court would plausible, granted their “legal standing” as a petitioner because of the indisputable argument that they suffered constitutional losses by that rules. “But not this time“, I said to him. We have to be patient, wait for the moment, because the decision that we hoped from the court, classified “once in a blue moon”, rarely happened but It should be. I realize, after explaining about the “big frame” political and constitutional atmosphere which often drives the court’s verdict , He took a deep breath and reflected.
And then, after five years later, in 2025, Constitutional Court in ruling hearing as held on Thursday, January 2, 2025, The Court held that the Petitioners’ petition on the unconstitutionality of the provision on presidential threshold legally-grounded. The Court declares the norm of Article 222 of Law No. 7 of 2017 on General Elections (State Gazette of the Republic of Indonesia of 2017 No. 182, Supplement to State Gazette of the Republic of Indonesia No. 6109) contradict the 1945 Constitution of the Republic of Indonesia and have no binding legal force,” said Chief Justice Suhartoyo alongside the other eight constitutional justices. “The shift does not only concern the amount or percentage of the threshold but what is far more fundamental is that the threshold for proposing presidential and vice-presidential candidates (presidential threshold), regardless of the amount or percentage, violates Article 6A paragraph (2) of the 1945 Constitution of the Republic of Indonesia,” said Deputy Chief Justice Saldi Isra when reading out the legal considerations for Case No. 62/PUU-XXII/2024. (www.en.mkri.id).
Source: Ari Saputra/detikcom
All the petitioners actually “only” some of students from college, Enika Maya Oktavia, Rizki Maulana Syafei, Faisal Nasirul Haq, Tsalis Khoirul Fatna. All the students have succeed convinced the court, with the reason that, the Election is not just consists of candidates that shown in displayed ballots, but election included of all the citizen which vote the ballots as voters. If the election only ballots without citizen as a voter, It is nonsense!. The candidates and the voters. “It takes two tango”, should be both in unity to stand on the general election, so we may call that democratic event as a general election according to the constitution .
The participants of election consisted of the candidates and the voters, so that is why, right to be candidate could not separated with “right to vote”. The “Right to vote”, has made all the petitioners who came from college as a student, succeed drive the court to must confess their “legal standing”. The Voters is not just a spectator but also actually an election participant even “ the main participant” due to they are users of the election results. This is indisputable legal reasoning, to “overthrow” Presidential Threshold. The other legal consideration from the court actually only complementer or even just “seasoning” to “cook” court’s decision.
The next question, Does it only because of legal reasoning that built by petitioners, succeed to drive majority constitutional justices to abolish Presidential Threshold? I will answer this question in the next part.
To be continued…
Thank you.
Jakarta, January 15, 2025
#irmanputrasidin #presidentialthreshold