| Court | Constitutional Court of Indonesia (Mahkamah Konstitusi) |
|---|---|
| Case number | 270/PUU-XXIV/2026 |
| Decided | 12 August 2026 |
| Laws reviewed | Pasal 240(1)(e) of Undang-Undang 7/2017 on general elections |
| Constitutional provisions | Pasal 20(1), 20A(1) and 28D(1) of the 1945 Constitution (as invoked by the petition) |
| Ruling | Petition declared inadmissible (tidak dapat diterima) for failure to meet the formal filing requirements |
Constitutional Court Decision 270/PUU-XXIV/2026 is a 2026 ruling of the Constitutional Court of Indonesia on a petition for material review of Pasal 240(1)(e) of Undang-Undang 7/2017 on general elections, the requirement that a candidate for the House of Representatives (DPR) have completed at least upper secondary education.[1][2] The petition was brought by an individual citizen, a writer and researcher.[3] It is one of the constitutional review cases decided by the Court on 12 August 2026, and belongs to the body of review cases on elections and political parties.[4]
The Court held that it had jurisdiction but did not reach the merits. Because the evidence accompanying the petition, which had been filed online, bore no duty stamp (meterai) as the Court's procedural regulation requires, it held that the petition did not meet the formal requirements for filing, and declared it inadmissible.[5][4:1]
Pasal 240(1) of the Elections Law sets out requirements for legislative candidacy. As quoted in the petition, its huruf e requires of a candidate for the DPR education to at least the completion of senior high school, madrasah aliyah, vocational school or an equivalent school.[2:1]
The petition was filed online and registered on 16 July 2026, and a revision dated 2 August 2026 was received on 3 August 2026.[3:1] It stated that it did not seek the removal of the minimum education requirement, nor ask the Court to design a new requirement. It argued instead that the provision did not establish a rational link between the requirements for candidacy and the constitutional functions of DPR members under Pasal 20(1) and 20A(1) of the 1945 Constitution, and invoked the right to fair legal certainty in Pasal 28D(1).[2:2] The relief sought a declaration that Pasal 240(1)(e) was conditionally unconstitutional unless read as requiring the conditions for DPR candidacy to bear a rational relationship to those functions.[6]
The Court recorded that the petition was filed online on 16 July 2026 and that, according to the filing-completeness checklist (Daftar Kelengkapan Pengajuan Permohonan Pemohon), it was not accompanied by evidence bearing a duty stamp. At the preliminary examination on 23 July 2026 the Court, under Pasal 39 of the Constitutional Court Law and Pasal 36(3) of Peraturan Mahkamah Konstitusi 7/2025, advised the petitioner to repair the statement of jurisdiction, standing, grounds and relief, with a deadline of 5 August 2026; the revision arrived on 3 August 2026.[7]
Under Pasal 10(4) of Peraturan MK 7/2025, evidence supporting a petition must be submitted when the petition is filed, and under Pasal 12(3) a petition filed online must be accompanied by one set of evidence bearing a duty stamp. The Court found that the original filing contained no stamped evidence, that the evidence sent with the revision by e-mail as soft files was also unstamped, and that at the hearing of 5 August 2026 the petitioner confirmed that neither the e-mailed evidence nor the physical copies not yet delivered bore a stamp. On those facts it held that the petition did not meet the formal requirements for filing a statutory review, and did not consider it further.[5:1]
The operative order declared the petition inadmissible. The decision was reached by nine justices on 6 August 2026 and pronounced in open plenary session on 12 August 2026, with Suhartoyo presiding and the petitioner present.[4:2] The requirement was not reviewed on its substance. On the same day the Court declared inadmissible the petitions in decision 263/PUU-XXIV/2026 and decision 264/PUU-XXIV/2026, in each case as unclear.[8]
CRPG's regulatory tracker published an account of the decision on 5 September 2026.[9]
K53 · Case number 270/PUU-XXIV/2026[P] Putusan Mahkamah Konstitusi Nomor 270/PUU-XXIV/2026, paragraphs [3.1]–[3.2]: jurisdiction over review of Pasal 240(1)(e) of Undang-Undang 7/2017. Decision text held in the CRPG Constitutional Court database (mkri.db). https://s.mkri.id/public/content/persidangan/putusan/putusan_mkri_14800_1786521202.pdf ↩︎
[P] Putusan MK Nomor 270/PUU-XXIV/2026, paragraph [2.1], the petition's account of standing (part II.B, invoking Pasal 28D(1)) and grounds (part III.A, quoting Pasal 240(1)(e) of UU 7/2017 and invoking Pasal 20(1) and 20A(1) of the 1945 Constitution). The held RegVault copies of UU 7/2017 (UU_7_2017, UU_7_2017_Pemilihan_Umum) do not contain Pasal 240, so the provision is given as quoted in the decision. https://s.mkri.id/public/content/persidangan/putusan/putusan_mkri_14800_1786521202.pdf ↩︎ ↩︎ ↩︎
[P] Putusan MK Nomor 270/PUU-XXIV/2026, paragraphs [1.1] and [2.1]: petitioner's stated occupation; petition received and registered in the e-BRPK on 16 July 2026 (filing deed 269/PUU/PAN.MK/AP3/07/2026); revision dated 2 August 2026 received on 3 August 2026. https://s.mkri.id/public/content/persidangan/putusan/putusan_mkri_14800_1786521202.pdf ↩︎ ↩︎
[P] Putusan MK Nomor 270/PUU-XXIV/2026, conclusions [4.1]–[4.3] and Amar Putusan: "Menyatakan permohonan Pemohon tidak dapat diterima"; deliberation on 6 August 2026, pronounced 12 August 2026 at 14.28 WIB. Constitutional Court database record, case 270/PUU-XXIV/2026. https://s.mkri.id/public/content/persidangan/putusan/putusan_mkri_14800_1786521202.pdf ↩︎ ↩︎ ↩︎
[P] Putusan MK Nomor 270/PUU-XXIV/2026, paragraphs [2.2], [3.3.3] and [3.4], applying Pasal 10(4) and 12(3) PMK 7/2025; petition held not to meet "syarat formil pengajuan permohonan". https://s.mkri.id/public/content/persidangan/putusan/putusan_mkri_14800_1786521202.pdf ↩︎ ↩︎
[P] Putusan MK Nomor 270/PUU-XXIV/2026, paragraph [2.1], part IV (Petitum), points 2 and 3. https://s.mkri.id/public/content/persidangan/putusan/putusan_mkri_14800_1786521202.pdf ↩︎
[P] Putusan MK Nomor 270/PUU-XXIV/2026, paragraphs [3.3.1]–[3.3.2]: online filing of 16 July 2026 without stamped evidence per the DKP3; preliminary examination of 23 July 2026; advice under Pasal 39 UU MK and Pasal 36(3) PMK 7/2025; deadline of 5 August 2026; revision received on 3 August 2026. https://s.mkri.id/public/content/persidangan/putusan/putusan_mkri_14800_1786521202.pdf ↩︎
[P] Putusan MK Nomor 263/PUU-XXIV/2026 and Nomor 264/PUU-XXIV/2026, paragraph [3.4] and Amar Putusan of each: petitions held obscuur and declared inadmissible; pronounced 12 August 2026. https://s.mkri.id/public/content/persidangan/putusan/putusan_mkri_14795_1786520586.pdf https://s.mkri.id/public/content/persidangan/putusan/putusan_mkri_14796_1786520755.pdf ↩︎
[E] "Constitutional Review of Legislative Candidacy Requirements: MK 270/PUU-XXIV/2026", CRPG regulatory tracker, crpg.id, 5 September 2026. https://crpg.id/constitutional-review-of-legislative-candidacy-requirements-mk-270-puu-xxiv-2026/ The post carries a notice that it is AI-generated; it is cited for the record of the development, not for its legal content. ↩︎