Saudi Journal of Humanities and Social Sciences (SJHSS)
Volume-3 | Issue-02 | 261-266
Original Research Article
Axiology of Presidential Threshold System Post-Decision of the Constitutional Court in Legal Political Review in Indonesia
Dewi Haryanti, Lazarus Tri Setyawan, Jawade Hafidz
Published : Feb. 28, 2018
Abstract
Elections are part of the implementation of democratic principles
whereby the people can elect a state leader or his representatives who make a
policy based on the will of the people outlined by the head of state or the people's
representatives. The nature of elections is a means of democracy that primarily
serves a state government by, from, and for the people. In other words, it embodies
the sovereignty in the hands of the people within the framework of a democratic
constitutional state. Democracy in Indonesia is a constitutional norm. For
democracy to be able to rotate by the axis of the constitution, then democracy must
be maintained. The problem that will be the focus of attention of this paper is the
axiom of the presidential threshold system after the Constitutional Court's decision
to bring the system of government in Indonesia. The political legality of the
presidential threshold system is not inconsistent with the constitution in Indonesia.
The purpose of this paper is to know the direction of the legislative and presidential
election system in 2009 and 2014 in the decision of the Constitutional Court and
the political implications of the Constitutional Court decision on the legislative and
presidential election system in 2009 and 2014. This research method will examine
the subject matter through a case approach. It examines the ratios in the decisions
of the Constitutional Court which are the object of research and the approach of
legislation. The abolition of presidential threshold provides significant benefits in
Indonesia's democratic system. This policy can be a restoration of constitutional
rights that were previously hurt by the remedy of constitutional rights. Many
advantages will be obtained especially from small parties to carry the presidential
candidate. Also, the president's choice is also more diverse. Presidential threshold
will make it easier for the president to carry out government duties, due to the
absence of other dominant party interventions in parliament.