Analyst Says Discourse on Presidential Candidate Backing by Minimum Two DPR Parties Unfounded

JAKARTA, KOMPAS.com - Political communication analyst from Esa Unggul University, M Jamiluddin Ritonga, stated that the discourse on a support mechanism for presidential (capres) and vice-presidential (cawapres) candidates requiring backing from at least two parties holding seats in the DPR (House of Representatives) is unfounded.

"This discourse lacks any legal basis and contradicts the constitution. Therefore, materially, the Constitutional Court has the authority to annul it if it is deemed to violate citizens' constitutional rights, as happened with the elimination of the 20 percent threshold rule," Jamiluddin said in a statement on Sunday (20/9/2026).

He considers this discourse to be at odds with Constitutional Court (MK) Decision Number 62/PUU-XXII/2024.

The MK ruled that any threshold provisions in percentage form contravene the 1945 Constitution. Consequently, the article regulating such percentage limits is declared void and lacks binding legal force.

"Thus, following the MK’s ruling, the presidential candidacy regulations for the 2029 election should undergo significant changes. Political parties that have passed official verification as election participants should have the right to nominate presidential and vice-presidential pairs without being restricted by minimum seat or vote percentage thresholds," he explained.

Moreover, the discourse is also considered to have political implications.

If the presidential threshold rules are not aligned with the MK’s ruling, a constitutional crisis and legal disobedience (Constitutional Disobedience) will occur.

"Such actions would be seen as neglecting the decisions of the highest judicial body. This sets a dangerous precedent where lawmakers refuse to abide by the final and binding constitutional interpretation," he emphasized.

Additionally, the discourse risks undermining electoral legitimacy.

The nomination of presidential and vice-presidential candidates based on legally flawed regulations could trigger massive challenges from political parties or community groups.

"The presidential election results could be legally invalid as they would be based on rules already invalidated by the MK. This could lead to the delegitimization of the elected president and vice president," he added.

The discourse also threatens to deprive small political parties or coalitions outside the ruling coalition of their constitutional right to propose alternative candidates.

As a result, democracy would regress as the space for public participation and choice becomes unlawfully constrained again.

"Therefore, the idea that presidential and vice-presidential candidates must be supported by at least two parties holding seats in the DPR should be rejected. This discourse violates the MK’s ruling and has broad political implications," he asserted.

Previously, Nasdem Party Chairman Surya Paloh acknowledged hearing about a new discourse regarding the mechanism requiring that presidential and vice-presidential candidates be backed by at least two parties with seats in the DPR.

"I heard there is a clear suggestion that the new model of presidential support is based on backing from at least two factions," Surya Paloh said when met at Nasdem Tower, Jakarta, on Saturday (19/9/2026).

According to Paloh, the discourse is a positive idea worthy of consideration.

Because such a provision would still garner substantial vote support if the parliamentary threshold is set high.

"I think it's good. It’s basically the same; two factions, if the parliamentary threshold is high, will still have significant votes," Paloh said.