Comparative Study of the Considerations in the Constitutional Court's Decision on the Threshold for Presidential and Regional Head Candidates and Its Legality

Abstract

The debate on the presidential and regional head nomination threshold is very important in the election process because it has an impact on the participation of political parties in democracy. This study compares the considerations of the Constitutional Court (MK) regarding the presidential and regional head nomination threshold and examines its legality based on Constitutional Court Decision Number 60/PUU-XXII/2024, 62/PUU-XXII/2024, Article 222 of Law Number 7 of 2017 and Law Number 10 of 2016 concerning the election of Governors, Regents, and Mayors, along with Constitutional Court Decisions Number 60/PUU-XXII/2024, 62/PUU-XXII/2024, and 101/PUU-XXII/2024. The Constitutional Court Decision Number 62/PUU-XXII/2024 stated that the threshold was unconstitutional because it limited the political rights of the people and small parties, so it was directed to the government and DPR to revise this article to a threshold of 0%. Meanwhile, the regional head nomination threshold is different because it is related to population provisions, so a separate evaluation is needed so as not to hinder alternative candidates. This research uses normative legal methods and aims to provide a basis for the development of constitutional law science as well as input for strengthening democracy and expanding political participation in Indonesia through revising the presidential and regional head nomination threshold.