Presidential Candidacy Threshold and Presidentialism Affirmation in Indonesia

Almas filed a lawsuit to change the minimum age of presidential and vice presidential candidates from 40 years to 35 years. Almas believed that if it is not changed, it will be contrary to the Republic of Indonesia’s 1945 Constitution. This decision is controversial but has opened a rare opportunity for talented young people to ascend and hold presidential and vice-presidential positions via election, even when they are less than 40 years old. The Republic of Indonesia’s Constitutional Court judges partially accepted Almas' lawsuit, in which the age limit remains at least 40. However, it can be deviated if a person has had experience becoming a regional head (governor/regent/mayor). This research aims to analyze: (1) how Constitutional Court judges interpret the minimum age limit for presidential and vice-presidential candidates in the Indonesian constitutional system; and (2) how the Constitutional Court judges’ final authority, which is Decision No.90/PUU-XXI/2023 on the Minimum Age Limit for Presidential Candidates and Vice-Presidential Candidates is a controversial decision. Method: This study used a jurisprudence approach, which studied the judicial decision in court primary data. It was supported by secondary data, which were obtained through a literature review. It focused on the data of Decision No. 90/PUU-XXI/2023, the Indonesian Constitution, and the Election Law (2017). Findings: In this study, it was found that the Decision of the Constitutional Court No. 90/PUU-XXI/2023 on the Minimum Age Limit for Presidential and Vice-Presidential Candidates is controversial, considering how the judge decided it. Then, several judges were sentenced for the act of ethics violation by the Constitutional Court’s Honorary Assembly. Conclusion: The decision of the Constitutional Court is binding and final, even though it is controversial. Several judges were sentenced for committing a violation of ethics by the Constitutional Court’s Honorary Assembly. Even so, this decision also opened up an opportunity for talented but young people under 40 to become presidential or vice-presidential candidates in the election.Keywords: Reconstruction, Age Limit, Presidential Candidates, Vice-Presidential Candidates

The purpose of this study is how the threshold for the nomination of president and vice president is based UU No. 23 Year 2003 and UU No. 7 Year 2017 and how ideally the threshold for presidential and vice presidential candidates is determined based on UU No. 23 Year 2003 and UU No. 7 Year 2017. This type of research is normative legal research by analyzing cases that conflict with the law using qualitative methods to draw deductive conclusions. The provisions for setting thresholds in presidential elections constitutionally violate the constitutional rights of citizens based on the provisions of Article 6A paragraph (2) of the 1945 Constitution which states "pairs of presidential and vice-presidential candidates are proposed by political parties or a coalition of political parties participating in general elections prior to the holding of general elections. This provision provides space for political parties to nominate presidential and vice presidential candidates. However, in Article 222 UU No.7 Year 2017 concerning General Elections, it provides a limit of 20% of the number of seats in the DPR or 25% of valid votes nationally in the previous DPR member elections. In a presidential system, the imposition of a threshold is irrelevant because theoretically the separation of powers does not recognize the president's accountability to the parliament, thus the threshold is not appropriate if the votes used are from the DPR election. Setting the threshold for presidential and vice-presidential candidates is simply reduced to 5% of seats in the DPR and 10% of valid votes from the previous general election or the article on setting the threshold for presidential and vice-presidential candidates is simply abolished through revisions to the general election law.

The Political Party Coalition is very dynamic in nominating the 2024 Presidential and Vice Presidential Candidates. This can be seen in the change coalition which previously consisted of the Nasdem Party, Prosperous Justice Party (PKS) and the Democratic Party to nominate Anies Baswedan as Presidential candidate, but after the Nasdem Party chose Muhaimin Iskandar (general chairman of PKB) as a presidential candidate to accompany Anies Baswedan during the 2024 presidential election unilaterally without asking for consideration from PKS and the Democratic Party, which resulted in the Democratic Party leaving the Change coalition. This research uses a descriptive method with a qualitative approach which aims to discuss causes happen change election of Presidential Candidates and Vice Presidential Candidates from Coalition Change and the impacts that occur from it Change Election of Presidential Candidates and Vice Presidential Candidates from Coalition Change . The results of this research are first, The Nasdem Party chose Anies Baswedan as its presidential candidate because (i) Anies Baswedan has the same vision and mission as the Nasdem Party, (ii) Anies Baswedan's high electability is considered to be able to bring about sustainable development in Indonesia, (iii) Anies Baswedan has proud achievements . The pairing of Anies Baswedan with Muhaimin Iskandar to become presidential and vice presidential candidates in the 2024 presidential election has had the impact of changing political party coalitions with the decline of the Democratic Party because initially AHY was predicted to be Anies Baswedan's running mate as vice president. However, at the time of the declaration the coalition for change put forward Muhaimin Iskandar as vice presidential candidate. This change made the Democrats disappointed and decided to leave this coalition. Second, Muhaimin Iskandar was chosen as a candidate for vice president because PKB was strong on the island of Java, especially East Java and NU throughout the archipelago. It can be seen from the political achievements achieved by PKB under the leadership of Muhaimin Iskandar, marked by the large number of cadres in Jokowi Ma'ruf Amin's cabinet, therefore it is hoped that PKB will be able to gain a lot of votes. The public can choose Muhaimin as vice presidential candidate and it is hoped that the Anies-Muhaimin pair can bring about a political revival for the santri-nationalists.

NE major tenet of folk wisdom in American national politics suggests the importance of geographic considerations in the determination of presidential nominations and final election outcomes. According to the conventional wisdom, presidential and vice-presidential nominees of the two major political parties must be selected with great attention paid to potential home state and regional advantages that might be brought to the party presidential ticket. Such a view places great emphasis on the ability of presidential and vice-presidential candidates to capture their states for the party ticket, as well as to increase the probability that states within each candidate's home region will give their electoral votes to the ticket in November. Of course, this assumes that aggregate electoral outcomes at the state level are affected positively by home state and regional considerations in other words, that having a presidential or vice-presidential candidate from a given state or region on the party ticket increases the likelihood that the ticket will carry the advantaged states in the presidential election. Further, at the individual level this view assumes that home state and/or regional attachments enter into the decisional calculus of at least some voters, with the result being shifts in aggregate behavior away from what would be expected in the absence of such advantages. Is the conventional wisdom about geographic advantages supported empirically? At the very simple level of winning and losing, home state and regional advantages do not appear to be significant. For instance, Lewis-Beck and Rice (1983) note that, of the 42 cases from 1884 to 1980, only 23 (about 55 percent) presidential candidates were able to carry a plurality of the vote in their home states. During the same period, only 29 of 48 (approximately 60 percent) vice-presidential candidates were able to deliver their states to their presidential party ticket. Rosenstone (1983) demonstrates that in more recent years (i.e., 1948 to 1972), 11 of 14 of the major party presidential candidates were able to carry their

This study aims to: (1) formulate the types of commissive speech acts used by presidential and vice presidential candidates in the presidential and vice presidential debates at the 2019 presidential election, (3) formulate the types of expressive speech acts used by presidential and vice presidential candidates in the presidential and vice presidential debates at the 2019 presidential election, (2) formulating the speech strategy used by presidential and vice presidential candidates in the presidential and vice presidential debates at the 2019 presidential election. This type of research is a qualitative research with descriptive methods. The data source in this study is the speech of the 2019 presidential and vice presidential candidates downloaded via Youtube. Based on the results of data analysis, three findings were concluded. First, the types of commissive speech acts used by presidential and vice-presidential candidates in the presidential and vice presidential debates at the presidential election, namely (1) promising, (2) vowing, (3) offering, (4) swearing, and (5) intending. Second, the types of expressive speech acts that exist in the vice presidential debate in the 2019 presidential election are, (1) congratulate, (2) say thank you, (3) apologize, (4) praise, (5) criticize, (6) insinuate , and (7) complaining. Third, the speech strategy used in the vice presidential candidate debate in the 2019 presidential election, (1) speaking without further ado, (2) speaking with positive politeness politeness, (3) speaking with negative politeness pleasantries, and (4) speak vaguely.

Since issuing the Constitutional Court Decision Number 14/PUU-XI/2013, the general election design must be carried out simultaneously between the election of legislative members and the election of the President and Vice President (Pilpres). Article 6A Paragraph (2) of the 1945 Constitution mandates that pairs of candidates for President and Vice-President are proposed by political parties or coalitions of political parties taking part in the general election prior to implementing the general election. Accordingly, in order to strengthen the presidential system, pairs of candidates proposed in the presidential election are required to meet the "presidential threshold," which essentially limits the rights of political parties in proposing presidential and vice-presidential candidates. This study analyzes the relevance of presidential threshold requirements elections simultaneously. The research method used is normative juridical, using an approach to the application of laws and an analytical approach. This study shows that the application of the presidential threshold that must be met by political parties or a combination of political parties in carrying out the presidential and vice-presidential candidate pairs in the simultaneous general election is less relevant and limits the rights of political parties. In addition, the political party that wins the majority vote has strong dominance to pressure other parties in determining the candidate. Although it does not have high dominance, it still has substantial authority to nominate it.

This article examines the problematic citizenship requirements of presidential and vice presidential candidates in Indonesia. The research method used is qualitative, with normative juridical research and constitutional comparisons with fifty countries in the world that adhere to presidential government systems. The results of the study show that each country regulates the citizenship requirements of Presidential and Vice-Presidential Candidates in its constitution. The regulation of the citizenship requirements for the candidates for President and Vice President in Constitution of the Republic of Indonesia is ideal because it is not discriminatory and also does not have multiple interpretations. Based on a comparison with fifty countries, the regulation of citizenship requirements in Indonesia falls into the first category, namely citizen/nasionality by birth/born. The challenge for Indonesia in the future is how to implement these constitutional provisions without being politicized, especially when the Presidential and Vice-Presidential Elections will be held.

Indonesia will hold presidential and vice-presidential elections, however, currently, the election mechanism for presidential and vice-presidential candidates only accommodated nominations through political parties and also still uses the provisions of the Presidential Threshold. Indonesia is a country that adheres to a democratic system which of course strongly adheres to the principle of people's sovereignty which guarantees the rights of all its citizens, and should also accommodate the mechanism of presidential nomination through individual or independent channels. Thus, blocking the rights of some citizens who wish to nominate themselves through non-political party channels, indicates that democratic principles have not been implemented properly. Based on this background, the formulation of the problem, how is the accommodation of individual candidates in the presidential election and the elimination of the presidential nomination threshold in Indonesia and the solution as a democratic country from the perspective of the 1945 Constitution? The type of research used is juridical-normative research, in designing the format of the mechanism for the recruitment of candidates for president and vice president in the electoral system in Indonesia, it must be by democratic principles, this is based on the preamble of the 1945 Constitution as the highest law in Indonesia that adheres to the principle of people's sovereignty. To implement democratic principles well in general elections, Indonesia needs to apply a two-door recruitment mechanism format, which is a format that provides two kinds of doors as a nomination pathway. Based on this, it is necessary to immediately implement and realize a two-door nomination mechanism, namely through political parties and also through individual or independent channels in the Presidential Election and it is also necessary to remove the Presidential Threshold to carry out democratic elections. and justice to maintain peace and prosperity.

Presidential election scholars have recently begun to explore whether vice presidential nominees have a meaningful influence on the presidential vote. Their findings are in conflict. Aggregate‐level analyses find little support for the hypothesis that vice presidential candidates bring their ticket any regional or home state advantage. Individual‐level analyses, on the other hand, find that vice presidential nominees have a surprisingly powerful influence on the typical voter's vote for president. These conflicting findings suggest that either aggregate‐level results underestimate vice presidential nominees' influence on the vote or that individual‐level results overestimate vice presidential nominees' influence on the vote. The author assumes it is the latter. Based on this assumption, the author reexamines whether vice presidential candidates influence the individual vote for president. Once rationalization affects are controlled, it is found that vice presidential candidates have no influence on the voters' choice for president.

Purpose: This study aimed to determine whether Constitutional Court Decision Number 90/PUU-XII/2023 concerning the Age Requirements for Presidential and Vice Presidential Candidates is in accordance with the principles of the rule of law and Pancasila democracy. Method: This article was prepared using normative juridical research methods with statutory, case, and conceptual approaches. In this approach, several primary legal materials are used, namely statutory regulations that are relevant to the object of study, especially Constitutional Court Decision Number 90/Puu-XII/2023. In addition, the researcher used a case approach to understand the decidendi ratio, namely the legal reasons used by the judge to arrive at his decision, and a conceptual approach used by the researcher to understand the concept of the rule of law and the democratic principle of Pancasila, which refers to the doctrine that developed in the views of the Ulama or legal doctrine. Results: The results of this research indicate that the procedures or mechanisms for implementing Constitutional Court Number 90/Puu-XII/2023 concerning Age Requirements for Presidential and Vice Presidential Candidates must be in accordance with the procedures regulated in the constitution as a concept of a legal state (rehstsstat) where there is a division of power. From this concept it can be seen that the decision of the Constitutional Court Number 90/Puu-XII/2023 concerning the Age Requirements for Presidential and Vice Presidential Candidates violates authority because the decision is an open legal policy entrusted by the drafters of the third amendment to the Constitution 1945 to the legislators to "... be further regulated by law based on Article 6 paragraph (2) of the 1945 Constitution of the Republic of Indonesia.

The Republic of Indonesia’s Law no. 7 of 2017 requires presidential and vice-presidential candidates to be proposed by political parties that meet the requirements, namely obtaining at least 20% of the total Legislative House seats or nationally obtaining 25% of valid votes in the previous Legislative House election. This is not recognized in Article 6A paragraph (2) of the 1945 Constitution, the constitutional basis for nominating a president. This paper aims to provide a philosophical analysis on the presidential and vice-presidential electoral threshold. Results show that from a philosophical perspective, this threshold provisions eliminate the constitutional rights of the people and minor political parties to nominate presidential and vice-presidential candidates. There can only be a maximum of three political parties and the oligarch and large political parties will make sure that the candidates will only come from their parties. This threshold undermines the logic of the presidential system. In conclusion, philosophically the threshold limits the freedom of alternative candidates to nominate themselves in the presidential election. It will only give an opportunity for candidates from major political parties. Thus, the government and various parties must reconsider this law to protect the rights of the people as mandated by the constitution.

As a state of law, Indonesia's system of government is based on the principle of the constitution. As a consequence, democracy has become a system that is implemented through the holding of general elections for president and vice president. The change in the age limit of presidential and vice-presidential candidates in Article 169 letter q of Law Number 7/2017 has undergone changes in accordance with the Constitutional Court Decision Number 90/PUU-XX 11/2023 which has caused controversy from various parties, namely the Constitutional Court Decision Number 90/PUU-XX 11/2023 has the potential to violate the principles in the exercise of judicial power, has a major impact on the good name of the Constitutional Court and Indonesian law, and there are a number of irregularities in several decisions of the Constitutional Court that test the constitutionality of Article 169 letter q. This research uses a normative juridical method. The research method in this study is the normative juridical method. The type of data used by the author is secondary data with primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques in the form of documents or library materials on secondary legal data. The data analysis method in this research is descriptive qualitative. The results showed that the age limit for presidential and vice presidential candidates is regulated in Article 169 letter q of Law Number 7/2017 on General Elections. The series of legal rules for the election of the president and vice president in accordance with the mandate of the 1945 Constitution of the Republic of Indonesia Article 22E are set out in several amendments to the rules, namely Law Number 23 of 2003, the second amendment is contained in Law Number 42 of 2008 concerning General Elections of the President and Vice President and finally amended into Law Number 7 of 2017 concerning General Elections. The implications of changes in the age of presidential and vice-presidential candidates in a democratic legal state as outlined in Constitutional Court Decision Number 90/PUU-XXI/2023 are essentially adding norms that should not be in accordance with the initial principles of the Constitutional Court (testing the constitutionality of existing norms), the Constitutional Court's decision cannot be separated from the political context, the Constitutional Court's decision was not taken unanimously because there were differences of opinion among the panel of judges, and there were several striking anomalies, especially in the considerations presented in the dissenting opinion and concurring opinion

The study investigates the ambiguity arising from the Constitutional Court's Decision No. 90/PUU-XXI/2023 concerning the presidential election in Indonesia. This decision, which pertains to Article 169 (q) of Law No. 7 of 2017 on General Elections, mandates a minimum age of 40 years for presidential and vice-presidential candidates. The research employs a qualitative design, analyzing legal texts and court decisions, and includes data from political parties and legal experts. The primary analytic strategy involves examining the implications of the Constitutional Court's decision on the political landscape and the legal framework governing elections. The findings indicate that the decision has led to significant confusion among political parties regarding the nomination of candidates who do not meet the minimum age requirement but have held public office. This ambiguity has highlighted the need for clearer legal provisions and interpretations to ensure fair and just elections. The study underscores the importance of the Constitutional Court's role in upholding substantive justice over formal legal requirements, emphasizing the principles of independence and impartiality. The main implications of this research suggest the necessity for consistent efforts to align legal products with fundamental political principles, ensuring a balance of power and prioritizing substantive justice. This is essential for establishing a good and democratic governance structure. The study also identifies the critical role of legal politics in shaping and implementing laws that reflect justice, common interests, and morality, advocating for systematic efforts to maintain the morality of politicians, state officials, and society as a whole.

Political gimmicks have become a trendy yet controversial term in the 2024 presidential election contest. Instead of conveying the vision and mission of presidential candidates, political gimmicks only present and show skin packaging rather than substance. This research aims to reveal the practices of political gimmicks on social media in the 2024 Indonesian presidential election contestation using critical discourse analysis as a method. This method is used to reveal ideology and power relations from gimmicks that appear on social media. Data collection in this study used documentation techniques, in the form of data collection from social media X during the period December 2023 - February 2024. The study's findings demonstrate that the Republic of Indonesia's 2024 presidential and vice-presidential candidates' political communication efforts on social media X are mired in creating symbols disconnected from meaningful and substantial ideas. Drawing on Erving Goffman’s dramaturgical theory, this study frames political gimmicks as "front stage" performances designed to manipulate voter perceptions, obscuring substantive political agendas. Political communication for presidential candidates has shifted from addressing social issues and strengthening democracy to becoming manipulative tactics aimed at winning votes

This research has investigated how English Tempo magazine's cover stories portrayed the Indonesian presidential candidate's rivalry between Joko Widodo (Jokowi) and Prabowo Subianto (Prabowo) to audiences. Four English Tempo's cover stories were then selected as the data and analyzed by the Multimodal Discourse Analysis (MDA) approach. Furthermore, this research uses a qualitative method with descriptive perspective for data analysis. Moreover, the results have shown that (i) the presidential and vice-presidential candidates' photographs and caricatures, (ii) the illustrations of presidential candidates' actions related to specific political events at the time, and (iii) the main titles could multimodally portray the presidential candidates' rivalry to the audiences. The photographs and caricatures in the cover stories' pictorial components visually manifested the candidates' rivalry. Moreover, the cover stories' main titles explained the photographs and caricatures. Furthermore, those semiotic components combined in each cover story could modulate some multimodal communicative acts to portray the rivalry between presidential candidates. Meanwhile, the benefit of this research result is to provide the readers with the formulation of how English Tempo Magazine presents the topic of rivalry between Indonesian presidential candidates by visualizing issues concerning presidential candidates in the cover stories.