The Supreme Court (Mahkamah Agung or MA) has granted the petition for a judicial review of the minimum of 30% women candidates in the DPR/DPRD (House of Representatives/Regional Representative Council) submitted by the Communities Care about Women’s Representation (Masyarakat Peduli Keterwakilan Perempuan or MPKP). Based on this decision, Article 8, paragraph (2) of the General Election Commission Regulation Number 10 of 2023 is no longer applicable as it contradicts Law Number 7 of 2017 on General Elections.
"From this decision, it is legally established that rounding down in the name of international mathematical standards in Article 8, paragraph (2) of General Election Commission Regulation Number 10/2023 regarding the minimum 30% women candidates for the DPR/DPRD is in contradiction with Law 7/2017 on Elections," said Khoirunnisa Nur Agustyati, the Executive Director of the Association for Elections and Democracy (Perludem), to electionhouse.org on August 30th.
The verdict in case HUM No. 24 P/HUM/2023 of the Supreme Court, Jakarta (29/30), reads as follows: "Granting the objection request from the objecting parties."
The petitioners consist of five entities, two representing organizations, and three individuals. The two organizations are the Association for Elections and Democracy (Perludem) and the Indonesian Women's Coalition (KPI). The three individuals are Hadar Nafis Gumay, Titi Anggraini, and Wahidah Suaib.
Previously, on July 5, 2023, MPKP filed a judicial review petition with the Supreme Court (MA) against General Election Commission Regulation Number 10/2023 (PKPU 10/2023). The filing argued that Article 8, Paragraph (2) of PKPU 10/2023, which deals with rounding down to two decimal places (if less than 50), reduces the political rights of women. The document in case HUM No. 24 P/HUM/2023 of the Supreme Court states that the petition is in contradiction with Law 7/2017 and Law 7/1984 on the Ratification of the Convention on the Elimination of All Forms of Discrimination against Women.
Article 8, Paragraph (2) of General Election Commission Regulation (PKPU) Number 10/2023 reads as follows: "In the event that the calculation of 30% (thirty percent) of the number of Women Prospective Candidates in each Electoral District results in a fractional number and if the two decimal places are: a. less than 50 (fifty), the calculation shall be rounded down."
This article is an amendment to Article 6 Paragraph (2) PKPU 20/2018 which reads: In the event that the calculation of 30% (thirty percent) of the number of Women Prospective Candidates in each Electoral District results in a fractional number, rounding up shall be performed.".
The provision in Article 8, Paragraph (2) letter a of General Election Commission Regulation Number 10/2023 is in contradiction with Law 7/2017. Article 245 of the Law on General Elections states: "The list of prospective candidates as referred to in Article 243 shall include a representation of women of at least 30 percent (thirty percent)." []
Translated by Catherine Natalia.
