Winning Conditions

THE Constitutional Court should be very careful when interpreting the two requirements for the winner of the presidential election. The rules that an elected president must win more than 50 percent of the national vote and at least 20 percent of the vote in more than half of the provinces come as one package. Ignoring the requirement for the distribution of votes would reduce the credibility of the election winner.

The confusion over this important condition is a result of the fact that the 1945 Constitution and Law No. 42/20008 on Presidential Elections did not anticipate a contest with only two presidential candidates. This is why the review requested by the Association for Elections and Democracy and the Forum of Constitutional Lawyers should be appreciated and supported.

July 1, 2014