Pengaturan Presidential Threshold Dalam Kerangka Demokrasi di Indonesia

presidential threshold, Democracy.

Abstract

Article 6A paragraph (2) of the 1945 Constitution states that: "Pairs of presidential candidates and vice presidential candidates are proposed by political parties participating in the election before the general election is held." In reality, parties participating in the election or even parties sitting in parliament cannot nominate candidates for president and vice president if they do not get a minimum of 20 percent of the seats, so they have to form a coalition where there are political exchanges. The research used to examine legal issues in this thesis is normative legal research.The complexity of presidential candidacy in a democratic country is a deviation from democracy, this occurs because of the presidential threshold. The impact of the Presidential Threshold is: first, limited choice of presidential and vice presidential candidates; second, polarization of political power; third, the maintenance of oligarchy in the Presidential Threshold system; fourth, constitutional decline of democracy; fifth; irrelevant in simultaneous elections. Therefore, in the democratic world of Indonesia which has various tribes, religions, races and groups, a common starting line is needed, namely by revising the election law which regulates the Presidential Threshold so that it is in accordance with the constitution. Bearing in mind that Indonesia is a country consisting of various groups of minorities (racial, ethnic, religious, etc.) who agreed to form a state, the state should have a role in accommodating all the aspirations of society, including the aspirations of minority groups. So the threshold requirements for presidential candidates are not needed. Because by implementing the current threshold, it will minimize the people's choices in finding their leader.