PENGARUH PEMBERLAKUAN PRESIDENTIAL THRESHOLD PADA PEMILIHAN UMUM 2019 TERHADAP HAK KONSTITUSIONAL PARTAI POLITIK

Silangit, Ando Vialey (2019) PENGARUH PEMBERLAKUAN PRESIDENTIAL THRESHOLD PADA PEMILIHAN UMUM 2019 TERHADAP HAK KONSTITUSIONAL PARTAI POLITIK. PENGARUH PEMBERLAKUAN PRESIDENTIAL THRESHOLD PADA PEMILIHAN UMUM 2019 TERHADAP HAK KONSTITUSIONAL PARTAI POLITIK (ii,10p). pp. 1-10.

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Abstract

The Presidential Threshold is a threshold requirement for presidential nominations in presidential and vice presidential elections. The Presidential Threshold applied in general elections aims to support the quality of presidential and vice presidential candidates who are promoted by political parties. Every political party can bring a presidential and vice presidential candidate if they get a seat of at least 20% of the total seats in the DPR or get a national legitimate vote of at least 25%. However, presidential thresholds can prevent political parties from participating in government, especially for small political parties and new political parties. Small political parties have a small possibility to be able to carry the presidential and vice presidential candidates because they do not meet the presidential threshold. In the 2019 general election, a simultaneous general election was held where the legislative elections at the central and district / city level and the presidential and vice presidential elections were held simultaneously on the same day. Thus, the presidential threshold that serves as a benchmark in the 2019 presidential and vice presidential elections is the result of the 2014 general election. This clearly has blocked the opportunity for new political parties to carry the presidential and vice presidential candidates because the political parties do not become political parties participating in the election general 2014.Based on the results of the study, it can be concluded that 1. The purpose of the presidential threshold is to support the quality of presidential and vice presidential candidates, support the principle of check and balance and encourage political parties in Indonesia to form coalitions and cooperate, 2. The implementation of the presidential threshold has a positive impact on the implementation of the 2019 Presidential Election both in terms of time and material, 3. The presence of the presidential threshold has undermined the freedom of political parties to engage in government, especially for new political parties that cannot exercise their constitutional rights. Therefore, Article 222 of Law No. 7 of 2017 which contains presidential threshold rules that violate the constituions. The Presidential Threshold has changed the political dynamics in Indonesia where the presidential threshold has prevented small political parties from participating in government.

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