Indonesia’s Constitutional Court ruled on Thursday that a law requiring political parties to win a minimum of votes to nominate presidential candidates is not legally binding, thereby potentially opening the 2029 presidential election to a wider range of nominees.
Under the current law, parties must secure 20% of the vote, either independently or in a coalition, during legislative elections to propose a presidential candidate. This threshold had been contested by university students who argued it restricted voter choice and marginalized smaller parties.
Chief Justice Suhartoyo stated that the threshold “had no binding legal power,” but the ruling did not clearly state whether the requirement should be abolished or changed. Judge Saldi Isra stressed that political parties “should all have the right to nominate candidates.”.
Final and binding” was the description given by parliamentary commission head Rifqi Nizamy Karsayuda on the ruling while indicating lawmakers would take necessary actions to comply. Legal experts noted, however that the court’s decision leaves room for legislative revisions which could potentially curtail its impact.
Political analyst Arya Fernandes of the Centre for Strategic and International Studies welcomed the ruling, saying that it would further empower smaller parties and reduce their dependence on powerful political groups.
Indonesia holds presidential elections every five years. The last election in 2024 saw incumbent President Prabowo Subianto win the election in a landslide victory. He took office in October.
The court’s decision comes after an almost similar decision in August 2024, reducing the threshold for regional elections, including governor and mayoral races, from 20% to less than 10%. This earlier decision had sparked protests, whereby allies of President Prabowo and his predecessor, Joko Widodo, wanted to challenge it, arguing that the government was suppressing opposition voices.
In another verdict on Thursday, the court constrained the application of artificial intelligence from excessively altering photos of candidates competing in the polls, citing fears that it will mislead electorates away from informed voting.
