Constitutional Court dismisses Labor Party’s petition on parliamentary threshold
The Constitutional Court (MK) has rejected the judicial review request filed by the Labor Party challenging the parliamentary threshold provision stipulated in Article 414(1) of Law No. 7/2017 on the General Elections.
The Court declared the petition inadmissible because it was premature, citing an earlier ruling that had already addressed the issue.
“The Court declares that the petition of the applicant, Case No. 131/PUU-XXIII/2025, is inadmissible,” Chief Justice Suhartoyo said while reading the Court’s ruling during the plenary session at the Court’s main chamber in Jakarta on Thursday, October 16, 2025.
Article 414(1) of the Election Law stipulates that a political party participating in the election must obtain at least four percent of the total valid national votes to qualify for seat allocation in the House of Representatives (DPR).
The Court referred to its previous decision, Ruling No. 116/PUU-XXI/2023, delivered in February 2024, which had already declared the parliamentary threshold conditionally unconstitutional. That ruling stated the threshold was onstitutional as long as it applies to the 2024 DPR election, and conditionally constitutional for the 2029 DPR election and beyond, provided that the threshold provision and its percentage are revised according to constitutional requirements.
Through that decision, the Court had instructed the House of Representatives to revise the threshold rules before the 2029 general elections. However, the DPR has yet to take any legislative action following the ruling.
Because of this, the Constitutional Court concluded that the Labor Party’s claim of constitutional harm in Case No. 131/PUU-XXIII/2025 lacked legal grounds and could not be assessed.
In its petition, the Labor Party had requested the Court to nullify the parliamentary threshold, arguing that it violated the 1945 Constitution and should no longer hold legal force. Alternatively, if the Court deemed the threshold necessary, the party proposed that it be applied on a constituency basis rather than on a national vote basis.
With this ruling, the Court reaffirmed that changes to the parliamentary threshold remain under the authority of the legislature, emphasizing the need for the DPR to comply with the 2024 ruling ahead of the next election cycle.
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