Threshold for Gubernatorial Candidate Nominations in 38 Provinces Based on the Constitutional Court's Decision

The Constitutional Court (MK) issued a ruling on Tuesday (August 20, 2024) that changes the requirements for nominating regional head candidates. Previously, based on Article 40 paragraphs (1) and (3) of Law Number 10 of 2016, regional head candidates could only be nominated by a political party or coalition of political parties that secured at least 20% of the DPRD seats; or that obtained at least 25% of the valid votes in the region.

However, with the MK Ruling Number 60/PUU-XXII/2024, regional head candidates can now be nominated by a political party or coalition of political parties that do not have DPRD seats, provided they obtain a minimum of 6.5-10% of the valid votes, depending on the number of permanent voter lists (DPT) in the region.

The following is the complete text of the MK's provisions regarding the requirements for nominating regional head candidates, specifically gubernatorial candidates (cagub), in Ruling Number 60/PUU-XXII/2024:

A political party or coalition of participating political parties may register a candidate pair if they meet the following requirements:

To nominate a gubernatorial and vice-gubernatorial candidate:

1. For provinces with a population on the permanent voter list of up to 2,000,000 (two million) people, the political party or coalition of participating political parties must obtain at least 10% (ten percent) of the valid votes in that province;
2. For provinces with a population on the permanent voter list of more than 2,000,000 (two million) to 6,000,000 (six million) people, the political party or coalition of participating political parties must obtain at least 8.5% (eight and a half percent) of the valid votes in that province;
3. For provinces with a population on the permanent voter list of more than 6,000,000 (six million) to 12,000,000 (twelve million) people, the political party or coalition of participating political parties must obtain at least 7.5% (seven and a half percent) of the valid votes in that province;
4. For provinces with a population on the permanent voter list of more than 12,000,000 (twelve million) people, the political party or coalition of participating political parties must obtain at least 6.5% (six and a half percent) of the valid votes in that province;

The General Election Commission (KPU) stated that it will follow this ruling in the 2024 Simultaneous Regional Elections, after first consulting with the DPR.

"Insha Allah, [consultation with the DPR] will be on Monday in a Hearing with Deliberation or RDP. We have already conveyed and coordinated regarding the material," said KPU Chairman Mochammad Afifuddin, as reported by Katadata.co.id, Thursday (August 22, 2024).

He ensured that there will be regulations related to the regional elections that incorporate the MK's ruling during the registration of regional head candidates from August 27-29, 2024.

Considering the 2024 Election DPT data, there are 17 provinces with a DPT of less than 2 million people, and thus can apply the minimum 10% vote requirement for gubernatorial candidate nominations based on the MK ruling.

Then there are 12 provinces with a DPT between 2 million and 6 million people who can apply the 8.5% threshold.

There are 6 provinces with a DPT between 6 million and 12 million people who can apply the 7.5% threshold.

Followed by 3 provinces with a DPT of more than 12 million people who can apply the 6.5% threshold, with details as shown in the graph.