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Part 6: Presidential Threshold Removal, “A Part of the Story of “Hand of God”?

Presidential Threshold Removal,  (Part 6)

“A Part of the Story of “Hand of God”?

by A. Irmanputra Sidin PhD in Constitutional Law/ Constitutional Lawyer

If you just read this part, I suggest that you should read previous part (3, 4 & 5), so it would build complete comprehension.

On the previous part, there are two question, which are : What kind of the requirements to nominate a candidate pair which is only based on the results of the valid votes of a political party or a coalition of political parties in the elections in the relevant region? And What kind of implication from this ruling toward Big Coalition Jokowi-Prabowo/Gibran?

The Court on decision Case 90  determined that the results of the valid votes of a political party or a coalition of political parties in the elections in the relevant region, should fulfilled requirement to propose candidates for Governor and Deputy Governor:

  1. in provinces with a population specified in the permanent voters’ list of up to 2,000,000 (two million) people, a political party or coalition of political parties participating in the election must obtain at least 10% (ten percent) of the valid votes in the province;
  2. in provinces with a population specified in the permanent voters’ list of more than 2,000,000 (two million) to 6,000,000 (six million), a political party or a coalition of political parties participating in the election must obtain at least 8.5% (eight and a half percent) of the valid votes in the province;
  3. in provinces with a population specified in the permanent voters’ list of more than 6,000,000 (six million) to 12,000,000 (twelve million), a political party or a coalition of political parties participating in the election must obtain at least 7.5% (seven and a half percent) of the valid votes in the province;
  4. provinces with a population specified in the permanent voters’ list of more than 12,000,000 (twelve million) people, a political party or coalition of political parties participating in the election must obtain at least 6.5% (six and a half percent) of the valid votes in the province;

The Court also determined:

To propose candidates for regent and deputy regent as well as candidates for mayor and deputy mayor:

  1. regencies/ cities with a population specified in the permanent voters’ list of up to 250,000 (two hundred fifty thousand) people, a political party or a coalition of political parties participating in the election must obtain at least 10% (ten percent) of the valid votes in the regency/ city;
  2. regencies/cities with a population specified in the permanent voters’ list of more than 250,000 (two hundred fifty thousand) up to 500,000 (five hundred thousand) people, a political party or a coalition of political parties participating in the election must obtain a valid vote of at least 8.5% (eight and a half percent) in the regency/city;
  3. regencies/cities with a population specified in the permanent voters’ list of more than 500,000 (five hundred thousand) to 1,000,000 (one million) people, a political party or coalition of political parties participating in the election must obtain a valid vote of at least 7.5% (seven and a half percent) in the regency/city;
  4. regencies/cities with a population specified in the permanent voters list of more than 1,000,000 (one million) people, a political party or a coalition of political parties participating in the election must obtain a valid vote of at least 6.5% (six and a half percent) in the regency/city. (en.mkri.id, August, 20, 2024).

What kind of implication from this ruling  toward Big Coalition Jokowi-Prabowo/Gibran?

As I was depict at the previous part, about Case 60, in a nutshell, this verdict, open a spacious way for the all political parties, in spite of it do not get seats in the DPRD, as long as political parties fulfilled requirements according by The Court based on the results of the valid votes in that relevant region can nominate as a candidate.

Source: Perludem

Coalition that has built by Prabowo-Jokowi/ Gibran Rakabuming Raka namely “Koalisi Indonesia Maju”, which was consists of majority political parties threatened to be divided. Of Course, political purpose from this coalition to take control all the province or other regions which would determine popular vote in every general election for the election 2029, automatically shaken .

In this decision, Guntur Hamzah who was proponent Case 90 has dissent, and Daniel Yusmick who was concurring in case 90 was concurring again in this case. But interestingly Guntur Hamzah in his dissent quoted “Purcell Principle” in the US Supreme Court Purcell v. Gonzales (2006). The Purcell Principle is the idea that courts should not change voting or election rules too close to an election in order to avoid confusion for voters and election officials alike. 

At the same time, on 20th Augustus 2024, the court also announced verdict about The case on the minimum age for regional head candidates which was brought to the Constitutional Court after the Supreme Court had reinterpreted PKPU (General Elections Commission Regulation) No. 9 of 2020. The regulation stipulates that regional head candidates meet the minimum age requirement “since the determination of candidate pairs”. However, the Supreme Court through its ruling had interpreted the PKPU to mean that the minimum age requirement shall apply “since the inauguration of the elected candidates” (Supreme Court’s Decision Number 23/P/HUM/2024).

Source: Kompas.com

This case also dragged to the Constitutional Court (Case No. 70/PUU-XXII/2024/Case 70). The questions is, What kind of The Constitutional Court Ruling? Is it annulled Supreme Court verdict? What kind of implication this ruling toward Kaesang Pangarep the youngest Son of President Jokowi who was eligible to be a governor candidate based on supreme court decision? To be continued..

Thank You.

Jakarta, January 15, 2025

#irmanputrasidin #presidentialthreshold

 

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