Rekontruksi Ambang Batas Parlemen dalam Sistem Pemilu Indonesia Pasca Putusan Mahkamah Konstitusi Nomor 116/PUU-XXI/2023

Abstract

The Constitutional Court (MK) Decision Number 116/PUU-XXI/2023 is an important basis for evaluating the parliamentary threshold policy in the Indonesian election system. This provision requires political parties to obtain a minimum of 4% of valid national votes in order to get seats in the People's Representative Council (DPR). Although it aims to coordinate the party system and increase government stability, this regulation raises various problems, especially related to political representation and electoral justice. The Constitutional Court, in its decision, stated that the parliamentary threshold remains in effect for the 2024 Election but must be evaluated before the 2029 Election so that it is more proportional and does not harm the constitutional rights of voters. This study uses a normative legal method with a regulatory and contextual approach. The results of the study show that the application of the 4% threshold resulted in the loss of around 17.3 million votes in the 2024 Election, which has an impact on limited political representation for small parties and their voters. The Constitutional Court, in its decision, emphasized the need to revise this regulation to be fairer and reflect the principle of people's sovereignty. Some proposed policy alternatives include the implementation of a height threshold, a proportionality-based calculation model, and a revision of the DPR seat allocation system to reduce wasted votes. The parliamentary threshold system needs to be improved with a more objective data-based approach to reflect the principles of electoral fairness better. The evaluation of this rule is a step to realize a more representative, transparent, and democratic electoral system for the future of Indonesian politics