Ahli di MK: Keterwakilan Perempuan 30% Wajib dalam Komposisi Penyelenggara Pemilu

Poin-Poin Utama

• • Titi Anggraini, lecturer at Universitas Indonesia's Faculty of Law, testified as an expert at the Constitutional Court (MK).
• • The hearing concerned a judicial review of the Election Law (UU Pemilu) held on Wednesday, September 9, in Jakarta.
• • Titi argued that the minimum 30% female representation in election organizers must be a mandatory result, not a voluntary target.
• • Female candidates must still meet all competency, integrity, independence, and capability requirements with no lowered standards.
• • The phrase 'paling sedikit 30 persen' should guarantee women's presence in the final composition of election bodies.
• • If few or no female applicants apply, the solution is active recruitment efforts, not lowering the 30% threshold.
• • Suggested recruitment efforts include socialization, talent scouting, registration extensions, and cooperation with universities and women's organizations.
• • Talent scouting does not mean direct appointment; candidates must still register openly and undergo the same selection stages.
• • Titi distinguished three legal phrases: 'memperhatikan' (requires consideration only), 'mengutamaakan' (relative priority), and 'memuat' (guarantees a calculable composition).
• • She argued 'memuat' provides the most legal certainty as it allows composition to be verified and corrected.
• • KPU Provinsi Jawa Timur for the 2024-2029 period consists of seven male members, cited as a failure of the affirmative design.
• • Gender-disaggregated data at each selection stage is not adequately available to identify where female candidates drop out.
• • The current system does not require anyone to investigate why women fail to reach the final composition stage.
• • Titi stated that a norm allowing zero female representation fails to provide fair legal certainty.
• • Meritocracy and affirmative policy should not be opposed; affirmative action only prevents final compositions from excluding women.