Practice of Presidential Threshold in the Implementation of Presidential and Vice Presidential General Elections and Its Implications on the Political Rights of Citizens and Political Parties in Indonesia

Abstract

The presidential threshold is a rule that becomes a political requirement for a political party to carry presidential and vice presidential candidates. The existence of this rule can potentially cause restrictions on citizens in running for president and restrictions on political parties in carrying their candidates to the presidency and vice presidency. The presidential threshold journey in coloring the elections in Indonesia has also undergone material testing and a lawsuit by the Constitutional Court. Therefore, this study aims to discuss the practice of the Presidential threshold in the implementation of elections in Indonesia and its relation to the political rights of citizens and political parties in Indonesia. This study is a field research study with a study into the field and using a non-doctrinal approach that is the enactment of law. Primary Data was obtained by interview techniques to the KPU RI, political parties, and legal experts. Furthermore, the secondary data consists of primary, secondary, and tertiary legal materials. This legal research uses descriptive analysis to obtain research results. The results showed that the practice of Presidential threshold has existed since the enactment of the first presidential and vice presidential elections. The political rights of citizens and political parties do not necessarily disappear, they only become conditional. Political parties also have the same opportunity to nominate the president and vice president by carrying their own or joining and forming coalitions with other parties.