Presidential Threshold in Indonesian Election: An Islamic Law Perspective

Sholahuddin Al-Fatih,Fitria Esfandiari

doi:10.33474/yur.v5i1.14145

Abstract

Direct presidential election every five years is the embodiment of democracy in Indonesia. The issue of thresholds as a condition for nominating candidates for president and vice president has always not found a solution. Changes in the threshold which was initially 10% then the number changed to 20% until now. This study aims, among others, to evaluate disharmony in the process of determining the threshold. The approach method used is normative juridical, through literature study using primary and secondary legal materials. The results of this study conclude that the reconstruction of the presidential election threshold based on the perspective of Islamic law is very much needed because it is very vulnerable to friction and tug-of-war between political parties.

Highlights

Electoral law is the regulation that changes most often.[1]
Direct presidential election every five years is the embodiment of democracy in Indonesia
The results of this study conclude that the reconstruction of the presidential election threshold based on the perspective of Islamic law is very much needed because it is very vulnerable to friction and tug-of-war between political parties

Summary

INTRODUCTION

Electoral law is the regulation that changes most often.[1]. This has implications for the material of the electoral law which changes in the run-up to the election.[2]. Pre-election aims to filter support so of advantages and disadvantages, is included that the magnitude the presidential threshold in the dharuriyyah aspect.[34] Because, both the applied is not in vain.[33] implementation will have a positive or in 2019 presidential negative impact, but the implementation of election, the government setting the numbers elections must still be carried out This is very presidential threshold of 20% (twenty important because it involves all aspects of the percent) of the number of seats in the House lives of Indonesian citizens, both in terms of of Representatives people or get 25% (twenty security, protection, religion, culture, five percent) of national valid votes in economy, law, politics and so on.[35] elections members of the House of Because if those regulation Not an exaggeration because if we look at the history of implementing the presidential threshold in Indonesia, there have been 13 decisions of the Constitutional Court that have decided cases related to the presidential threshold

Constitutional

12. Constitutional

Findings

13. Constitutional