MK Orders PSU at All Polling Stations for Gorontalo Province DPRD Electoral District 6

Thursday (6/6), the Constitutional Court (MK) read out its decision on the petition for dispute over the results of the Provincial Regional People’s Representative Council (DPRD) Election No.125-01-08-29/PHPU.DPR-DPRD-XXII/2024 which was submitted by the Prosperous Justice Party (PKS). The Constitutional Court ordered the General Election Commission (KPU) to conduct re-voting (PSU) at all polling stations in the Gorontalo 6 electoral district (dapil) to fill the Gorontalo Province DPRD members. The MK also requested that political parties that do not meet the requirement for women’s representation of at least 30 percent in the list of candidates must fulfill these requirements before the PSU is carried out. If there is a party that is unable to meet these minimum requirements, the Gorontalo Provincial KPU will exclude the party’s participation in the Election of Candidates for Members of the Gorontalo Provincial DPRD for the Gorontalo Electoral District 6.

“…and proceed with determining the vote tally resulting from the re-voting within a maximum period of 45 (forty five) days from the pronouncement of the a quo Decision, without the need to report to the Court.” MK Decision No.125-01-08-29/PHPU.DPR-DPRD-XXII/2024, page 105.

Apart from that, in its legal considerations, the Constitutional Court emphasized that for the upcoming elections, for electoral districts that do not meet the minimum requirement of 30 percent female candidates, the KPU is required to order political parties to improve the list of candidates. If it is still not met, the KPU is obliged to exclude the political party from participating in the election in the electoral district concerned.

The Constitutional Court also explained the need for affirmative action towards women in politics, referring to Article 28H paragraph (2) of the 1945 Constitution. This article reads, “Every person has the right to receive special facilities and treatment to obtain the same opportunities and benefits in order to achieve equality and justice.”

“In fact, as a form of effort to confirm the desire to increase the number of women’s representation, it has become a kind of “legal politics” towards gender equality and justice by paying attention to women’s representation of at least 30 percent.” MK Decision No.125-01-08-29/PHPU.DPR-DPRD-XXII/2024, page 91.

The Constitutional Court considered that the KPU should be able to adjust the rounding up rule for the number of women in each candidate list by following the Supreme Court’s decision. There is enough time to make adjustments. The pronunciation of Supreme Court Decision No.24 P/HUM/2023 was carried out on 29 August 2023. Meanwhile, the application time to replace temporary candidates for members of the DPR, provincial DPRD and district/city DPRD is 14-20 September 2023 and the deadline for announcing the Permanent Candidate List ( DCT) namely, November 4, 2023.

“By using simple calculations, pronounce the Supreme Court Decision

Number 24 P/HUM/2023 on 29 August 2023 has a time gap of more than 30 (thirty) days until the DCT announcement deadline. “With this time, both organizers, in casu the KPU, and political parties participating in the election still have more than enough opportunities to follow or implement the Supreme Court Decision Number 24 P/HUM/2023.” MK Decision No.125-01-08-29/PHPU.DPR-DPRD-XXII/2024, page 98.

As is known, of the 18 political parties participating in the election that competed in the Gorontalo 6 electoral district, there were four parties that did not meet 30 percent women’s representation, namely the National Awakening Party (PKB), the Greater Indonesia Movement Party (Gerindra), the Nasdem Party, and the Democratic Party. The four parties only have women’s representation of 27.27 percent.

According to PKS, by not achieving 30 percent female representation in the four parties, the participation of the four political parties in the Election of Candidates for Members of the Gorontalo Provincial DPRD for the Gorontalo 6 electoral district does not fulfill the provisions of Article 248 of the Election Law. Likewise, the KPU did not implement Supreme Court Decision No.24 P/HUM/2023 by continuing to validate the prospective members of the Gorontalo Province DPRD for the Gorontalo 6 electoral district. PKS asked the Constitutional Court to disqualify four parties that did not meet the women’s representation quota of at least 30 percent in the Gorontalo electoral district 6. However, the Constitutional Court decided on PSU. []