Redam Guruh Krismantara
Faculty of Law, Universitas Brawijaya

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Quo Vadis Presidential Threshold : Implications of The Constitutional Court Decision No. 62/PUU-XXII/2024 on The Election of The President and Vice President of Indonesia Redam Guruh Krismantara; Istislam; Shinta Hadiyantina
NEGREI: Academic Journal of Law and Governance Vol. 6 No. 1 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v6i1.15240

Abstract

Leadership succession became one of the reform agendas embodied in the amendments to the constitution. One significant change introduced through the amendments was the direct election of the president and vice president as a single ticket by the people. This direct election mechanism was intended solely to strengthen Indonesia's presidential system. However, the implementation of presidential and vice-presidential elections has given rise to various issues, particularly regarding the presidential threshold requirement that must be met by political parties or coalitions of parties proposing candidates. The presidential threshold regulation in positive law is set out in Article 222 of Law Number 7 of 2017 concerning General Elections. This provision has been repeatedly subjected to judicial review before the Constitutional Court and was consistently rejected until Decision No. 62/PUU-XXII/2024, in which the Court declared the presidential threshold unconstitutional. This research examines the regulation of the presidential threshold and the legal implications following Decision No. 62/PUU-XXII/2024. The method used in this study is normative juridical, employing statutory, conceptual, and comparative approaches. The legal materials used consist of primary, secondary, and tertiary sources collected through library research. The issuance of this decision eliminates the threshold requirement that has long posed challenges in the nomination of presidential and vice-presidential candidate pairs. The Court stated that all political parties participating in elections are entitled to propose their own presidential and vice-presidential candidate pairs to ensure the availability of alternatives, in accordance with the original intent of the constitutional.