MK Grants Lawsuit regarding Women’s Representation and Orders PSU

The Constitutional Court granted the Prosperous Justice Party’s (PKS) request in the 2024 legislative election results dispute (PHPU) trial regarding women’s representation of at least 30 percent. The Constitutional Court ordered the General Election Commission (KPU) to conduct a re-voting (PSU) in the Gorontalo 6 electoral district because the political parties participating in the election did not meet the minimum quota of 30 percent of women in the list of candidates for DPRD members.

“In the future, for the next elections for electoral districts that do not meet the minimum requirement of 30% female candidates, the KPU orders political parties participating in the elections to improve their list of candidate members. “If it is still not met, the KPU must exclude the political party’s participation in the election in the electoral district concerned,” said Deputy Chief Justice of the Constitutional Court, Saldi Isra, when reading out the legal considerations at the Constitutional Court Building, Jakarta (6/6).

In the re-voting, which must be carried out within 45 days, political parties participating in the election are given the opportunity to improve their list of candidates so that the minimum requirement of at least 30 percent female candidates is met. Furthermore, the Constitutional Court advised that if there is a political party that is unable to meet the minimum requirements, the KPU is allowed to exclude the political party’s participation in the election, and this will take effect for the following elections.

For information, the Constitutional Court has finished deciding 106 PHPU cases for the 2024 legislative election, which was held on June 6, 7, and 10, 2024. The MK granted 44 cases and rejected 58 PHPU cases for the 2024 Legislative Election out of a total of 297 cases registered by the Constitutional Court. In the 2024 PHPU legislative elections, the number of cases granted increased threefold, or around 14.81%, compared to 2019. During the 2019 PHPU legislative elections, the MK only granted 12 of the 261 cases, or 4.59%. []