Tag Archives: Election Law No 8

Indonesia – The Old is New Again? Nomination Thresholds for Presidential Candidates

Like most emergent democracies, Indonesia saw a proliferation of political parties and interest groups following democratization even as the country was restructuring its representative institutions, the House of Representatives (Dewan Perwakilan Rakyat, DPR), and the People’s Representatives Council (Dewan Perwakilan Daerah, DPD), into fully elected ones. To control the surge of candidates and parties standing for elections and the subsequent legislative fragmentation, Presidential Election Law, Law No. 42/2008, was passed in 2008 to govern the nomination and election of presidential candidates, while Election Law No. 8, was passed in 2012, to regulate how political parties may stand for legislative elections. Thus, the constraints of Election Law No. 8 included limiting political parties that may contest elections to only those who obtained a threshold of 3.5 percent of the national votes from the previous election.[1]

Perhaps of greater interest is the Presidential Election Law, which limited presidential nominations to parties that received 25 percent of the national vote or 20 percent of the parliamentary seats. To ensure that the thresholds are met, the Presidential Election Law also stipulated that elections for legislative and presidential elections be held at least three months apart. In the following, I track the recent ups and downs of the Presidential Election Law. Briefly, on January 24, 2014, the Constitutional Court ruled that the sequencing of elections under the Presidential Election Law violated the constitution and ruled that legislative and presidential elections be held concurrently; however, the Court also left to the legislature to decide if the thresholds would remain. That was decided on July 20, 2017, when the House passed a bill maintaining the thresholds for the presidential elections in 2019.

The Presidential Election Law was challenged at the Constitutional Court in 2013, on the grounds that the Presidential Election law encouraged horse-trading among political parties rather than foster the discipline that underpins responsive or responsible policymaking. If the 2014 elections are any guide, that assessment is not far off-base. Specifically, no parties in the April legislative elections achieved the level of popular support needed to field independently a nominee for the presidential election in July, and that is with a highly popular candidate, then-governor Joko “Jokowi” Widodo. Then-governor Jokowi was so popular that legislative candidates from other political parties used ads featuring the governor.

The resultant legislative results, then, took many by surprise: although the “Jokowi” factor kept the then-governor’s party, the Indonesian Democratic Party of Struggle (PDI-P), in the lead, it captured only 19 percent of the popular vote, well short of expectations. It meant that the PDI-P needed to form a coalition with partners in order to nominate a presidential candidate for the July elections, as would others. Unsurprisingly, the political jockeying for coalition-partners and the winnable president-vice president team began even before official results were announced. Two nominees emerged: Jokowi and Prabowo Subianto. Jokowi would go on to win the presidential elections, but that win did not stall the opposition coalition.

Indeed, events that followed were concerning for political developments in Indonesia. In particular, clear lines from the political jockeying carried through in the legislature; by the time of the President’s inauguration in October, 2014, the President’s coalition was in the minority. As a result, the President’s agenda was tested and several prominent positions – including House Speaker and Speaker of the People’s Consultative Assembly – went to the opposition majority coalition.[2] Fortunately for President Jokowi, several reversals occurred over time, so that by January 2016, the Gerindra party of Prabowo Subianto looked like it may be the only party remaining in the erstwhile majority Red-and-White coalition.

President Jokowi has kept a firm majority in the legislature since, so that it is probably not surprising that he championed the proposal to maintain the thresholds. Prabowo Subianto has also maintained a firm interest in politics, and he advocated for the elimination of nomination thresholds. Prabowo and his Gerindra Party have played a decisive – and ultimately victorious – role in the recent gubernatorial election in the capital city of Jakarta, and he is widely expected to use that win as springboard for a 2019 presidential run.

With the thresholds in place, minor party candidates definitely have their work cut out for them. Threshold or not, Jokowi and Prabowo look set to compete again for the presidency in 2019.

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[1] For additional conditions, see Yap, O. Fiona, 2014. “Indonesia – The 2014 Elections: Political parties and Presidential nominees.” Presidential Power, http://presidential-power.com/?p=643 <Accessed 26 July 2017>

[2] Yap, O. Fiona, 2015. “Indonesia – The President, Awesome Indonesia, and the Red-White Opposition.” Presidential Power, http://presidential-power.com/?p=3084 <Accessed 26 July 2017>