Constitutional Criticism of the 20% Presidential Threshold in Democracy: Analysis of Constitutional Court Decisions No. 51-52-58/PUU-VI/2008, 53/PUU-XV/2017, and 62/PUU-XXII/2024

Presidential Threshold; Constitutional Court; Democracy; Simultaneous Elections; Constitutionality.

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9 July 2025
1 August 2025

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The 20% presidential threshold in Indonesian elections continues to be a constitutional debate. The Constitutional Court through Decisions No. 51-52-59/PUU-VI/2008, 53/PUU-XV/2017, and 62/PUU-XXII/2024 emphasized that the presidential nomination threshold is an open legal policy. However, this regulation has been criticized for limiting political competition, strengthening the oligarchy of large parties, and contradicting the principles of democracy in the 1945 Constitution. This study aims to analyze the constitutional basis of the presidential threshold and its implications for the simultaneous election system. By applying a normative legal study approach through a legislative and case approach, this study evaluates the consistency of the Constitutional Court's arguments and its impact on democracy. The findings of this study describe that the presidential threshold limits the political rights of small parties, reduces the number of potential candidates, and does not always guarantee government stability. In the context of simultaneous elections, this regulation actually creates political inequality between large and small parties. Therefore, it is necessary to reform the presidential nomination system to create elections that are more democratic, competitive, and substantially reflect the sovereignty of the people.