Law and Politics: Study of the Presidential Threshold in the 2019 General Election of Indonesia

Abstract

This study is intended to indicate that Indonesia's electoral system always experiences rapid dynamics in policy development. This study uses empirical normative legal research or a legal research method that uses a set of regulation relating to general elections and the rules of making positive law as reference of norms. Empirical research is also used to observe the results of human behavior in the form of physical archives. The methods are combined with the historical approach: an approach that is carried out by analyzing the debate arguments that occurred in the special committee meeting (Panitia Khusus) of the Election Draft Bill. The result of this research is the decision of the presidential threshold of 20% in the holding of presidential elections of 2019 contains the orthodox legal substance. This is because politically the law of its formation (Law No. 7 of 2017) is full of practical political interests of the ruling parties. Parties consisting of 6 factions gave a dominant opinion which leaned towards the 25% -30% threshold suggested by the government, while the other 4 factions do not agree with the high nomination threshold, because the concept of election must provide free space for each party to nominate their respective presidential candidates. The government had its own agenda to continue and extend the existing incumbent president and prevent the possibility for others. Therefore, in order to protect the agenda, high nomination threshold was proposed. Through content analyses of the regulation it can be stated that the high threshold has logical consequences for holding elections which create an insubstantial election environment and make the political climate in Indonesia unbalanced.

Understanding Indonesia's Presidential Threshold: A Study on Political Rights

“…Based on the explanation of the contents of the article, it has provided a clear intention that there is no opportunity for the legislators to make a legal policy by determining the arrangements related to the Presidential Threshold as stipulated in Article 222 of Law No. 7/2017 which reads "Candidate Pairs are proposed by a Political Party or Association of Political Parties participating in the Election that meets the requirements of obtaining at least 20% (twenty percent) of the total number of seats in the DPR or obtaining 25% (twenty-five percent) of the valid votes nationally in the previous DPR elections" (Muslimin, Fadoliy, and Munawar 2021). The 1945 Constitution of the Republic of Indonesia mandates the legislators to regulate further rules and, in its formation, must be open legal policy while fulfilling the requirements in the 1945 Constitution of the Republic of Indonesia so that there are no unconstitutional arrangements.…”

General Election System In Indonesia Based On Law Of The Republic Of Indonesia NO. 7 OF 2017

“…The results of legislative elections (the parliamentary threshold) may be used as a reference/ticket to nominate a presidential candidate with a predefined threshold if a grace period is introduced. (Muslimin et al, 2021) General Elections involving both Presidential and parliamentary elections; elections for House of Representative (DPR), Regional Representative Council (DPD), and Regional House of Representatives (DPRD); are manifestations of the mandate specified in the 1945 Constitution of the United States Article 1 2 of the Constitution of Indonesia, which states: "sovereignty resides within the hands of the people and following the Constitution." (Prawira, 2019).…”