IMPLEMENTATION OF SUPREME COURT DECISION NUMBER 24 P/HUM/2023: OPPORTUNITIES AND CHALLENGES FOR WOMEN'S REPRESENTATION

Abstract

On April 17, 2023, the General Election Commission (KPU) issued General Election Commission Regulation (PKPU) Number 10 of 2023 concerning the Nomination of Members of the People's Representative Council, Provincial People's Representative Council and Regency or City People's Representative Council. However, not long after the ratification of the regulation, there began to be a lot of rejection from various groups. The PKPU then filed a judicial review to the Supreme Court which was considered to reduce the minimum number of 30% of female representation as stated in the Election Law. The Supreme Court then issued Decision Number 24 P/HUM/2023 concerning the judicial review of the PKPU. With the issuance of the decision, the Supreme Court ordered the KPU to immediately change the contents of PKPU Number 10 of 2023 from Article 8 paragraph 2. However, instead of changing the contents of the PKPU, the KPU issued an official letter number 1075 / PL.01.4-SD / 05/2023 on October 1, 2023. So the author is interested in conducting research on this problem by highlighting the contents of the implementation of the Supreme Court's decision and the opportunities and challenges for women's representation in Indonesia. This research is a doctrinal legal research which uses primary legal materials, namely the Supreme Court decision, PKPU and other legal materials and secondary legal materials in the form of articles, books and writings that discuss the issue of women's representation and the validity of the Supreme Court's decision. The results of this study indicate that the KPU has ignored the Supreme Court's decision by not revising PKPU Number 10 of 2023, but the KPU only issued a circular to each political party to meet a minimum of 30% women's representation. This is an obstacle to fulfilling women's representation in the 2024 Election, where women's representation of at least 30 percent in the list of legislative candidates from political parties in each electoral district (dapil) has not all been fulfilled.
Keywords: Supreme Court Decision, PKPU, Women's Representation, Political Parties, Legislative Election