Abstract
The article aims at discussing the application of parliamentary threshold legal norms in an integrative legal perspective. Through historical, conceptual and statutory approaches, this study tries to examine holistically and prescriptively the dynamics of applying parliamentary thresholds in legislative elections. This article makes the thinking of leaders on integrative law a benchmark and an analytical knife. The results of this study demostrates that the application of parliamentary thresholds in elections based on an integrative legal perspective is not appropriate because it has not been able to guarantee the fulfillment of a sense of justice for all Indonesians because integrative law views a legal event as a comprehensive state of pros and cons. This research is expected to help academics and legal practitioners, especially with regard to election law to be able to dig out deeper into integrative law, not only from one or two experts, but from several other experts.
Highlights
The article aims at discussing the application of parliamentary threshold legal norms in an integrative legal perspective
The results of this study demostrates that the application of parliamentary thresholds in elections based on an integrative legal perspective is not appropriate because it has not been able to guarantee the fulfillment of a sense of justice for all Indonesians because integrative law views a legal event as a comprehensive state of pros and cons
Before the 2004 elections were held, the provisions on the threshold were stipulated in Article 143 paragraph (1) of Law No 12 of 2003 concerning the Elections of Members of the House of Representatives, the Regional Representative Council, and the Regional House of Representatives.[3]
Summary
The threshold according to Arend Lipjhart is the minimum vote obtained by an election participant's political party in order to gain a seat at the district level or the minimum percentage that an election participant's political party must obtain from the total national voter turnout.[11]. The concept connects the size of the constituency (district magnitude) with the formula of obtaining party seats with the quota method.[14] In Indonesia, the application of threshold, electoral threshold, or parliamentary threshold becomes a new norm in the implementation of elections and almost certainly always changes in the size of each election period. The change in the size of the parliamentary threshold, from the start it was set at 2.5% to 4% in the 2019 election (the last election that was held by the government), caused quite a lot of voter votes to be wasted. This condition, factually deprives citizens of the constitutional rights, because the legitimacy of their choice in the election, is wasted because of the parliamentary threshold policy. Umum Legislatif Dan Pemilihan Presiden: Kajian Putusan Mahkamah Konstitusi Nomor 52/PUU-X/2012 Dan Nomor 14/PUU-XI/2013.” Al-Fatih. Titi Anggraini, “Ambang Batas Parlemen Tinggi 7% Dinilai Berdampak Banyak Suara Sah Terbuang,” Detik News, 2020
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