The approval of the House of Representatives (DPR) was read out by the Chairman of Commission II Ahmad Doli Kurnia in a hearing (RDP) with a number of representatives from the Ministry of Home Affairs, the Ministry of Law and Human Rights (HAM), the Election Organizer Honorary Council (DKPP) and the General Election Commission (KPU) at the parliamentary complex in Jakarta, Sunday (25/8) with the sole agenda of discussing the Draft PKPU Number 8 of 2024, which accommodates the Constitutional Court's decision regarding the nomination threshold and nomination age requirements.
The meeting was attended by KPU Chairman Mochammad Afifuddin, Bawaslu Chairman Rahmat Bagja, DKPP Chairman Heddy Lugito, Minister of Law and Human Rights Supratman Andi Agtas and representatives of the Ministry of Home Affairs.
Doli emphasized that the draft of PKPU Number 8 of 2024 has fully accommodated the Constitutional Court's decision number 60/PUU-XXII/2024 concerning the nomination limit for regional head and deputy regional head candidates in regional elections and number 70/PUU-XXII/2024 concerning the age requirements for regional head candidates.
“We both know that the draft PKPU on the amendment to KPU Regulation Number 8 of 2024 has accommodated, nothing less, nothing more, from the Constitutional Court's decisions number 60 and 70. Can we agree? We agree?” said Doli Kurnia.
In the meeting, Affifudin explained that the RDP was previously scheduled for Monday (26/8) but was then accelerated so that the KPU would have time to create derivative regulations.
According to him, after the Constitutional Court last week issued a decision regarding the threshold for nominating regional head and deputy regional head candidates in regional elections, and the age requirements for regional head candidates, there were articles in the KPU regulations that were technically and substantially affected.
He added that the affected articles include Article 11 and its derivatives because the KPU has adopted all of the Constitutional Court decisions number 60 and 70. Then there are Articles 13, 15, 95, 99, 135, and 139.
According to Afifuddin, Article 11 paragraph 1 of the proposed amendment is exactly the same as the Constitutional Court's ruling, namely that in order to propose gubernatorial and deputy gubernatorial candidates in provinces with a population listed on the permanent voter list (DPT) of up to two million people, political parties or a coalition of political parties participating in the election must obtain at least ten percent of valid votes in the province.
For provinces with a population of 2-6 million in the DPT, the party or coalition of parties must obtain a minimum of 8.5 percent of the vote if they want to nominate a candidate. If the population of 6-12 million in the DPT, the requirement for nominating a candidate is a minimum of 7.5 percent of the vote. For a DPT of 12 million people or more, the requirement for nominating a candidate is a minimum of 6.5 percent of the vote.
Afifuddin explained in the proposed amendment to Article 11 paragraph 1(b), to propose candidates for regent and deputy regent or candidates for mayor and deputy mayor, districts/cities with a population listed on the permanent voter list (DPT) of up to 250 thousand, the minimum requirement for obtaining valid votes is 10 percent.
If the DPT is 250-500 thousand, the requirement is to obtain at least 8.5 percent of the votes. If the number of DPT is 500 thousand-1 million, the requirement is to obtain 7.5 percent of the votes, and if the DPT is more than 1 million, then the requirement is to obtain a minimum of 6.5 percent of the votes. Then in the proposed changes, the KPU removed Article 11 paragraphs 2 and 3.
“The proposed changes (to Article 15) after the Constitutional Court ruling number 70 (are) the minimum age requirement of 30 years for gubernatorial and deputy gubernatorial candidates, and 25 years for regent and deputy regent candidates, or mayor and deputy mayor candidates as referred to in Article 14 paragraph 2 letter d, calculated from the determination of the candidate pair,” said Afifuddin.
In previous KPU regulations, the minimum age requirement was calculated after the candidate was inaugurated.
At the meeting, Bawaslu approved the proposed changes to KPU Regulation Number 8 which has adopted two MK decisions.
In its ruling, the Constitutional Court stated that the threshold for nominating regional heads by political parties is the same as the threshold for nominating regional heads from independent channels. In addition, the Constitutional Court emphasized that the minimum age requirement for regional head candidates is calculated from the time the person concerned is determined as a regional head candidate by the KPU. (fw)
