Abstract
AbstractThe practice of presidential nomination by using a threshold through political parties or coalitions of political parties in Indonesia is still carried out because Indonesia adheres to a multi-party system. However, the regulation regarding the threshold for presidential nomination is prone to political transactions between parties. The reason is that there is no equality of access to presidential nominations between new political parties and old political parties considering that political parties are a defining element of representative democracy (Political parties are a defining element of representative democracy), this practice threatens the rights of minority political parties and limits the emergence of presidential candidates. The threshold in the nomination of President based on the decision of the Constitutional Court of the Republic of Indonesia Number 74/PUU/XVII/2020 regarding the review of Law Number 7 of 2017 concerning Elections is referred to as an open legal policy which is the authority of the House of Representatives in forming the Law on Elections. This study aims to evaluate the application of the threshold in the nomination of President with the principle of justice. This research is a doctrinal research using a case approach and a law approach. This study was conducted by looking at the development of the application of thresholds in elections and the provisions stipulated in the Election Law. The results of the study indicate that it is necessary to establish an ideal implementation model based on the principle of justice in order to guarantee the rights of minority political parties and avoid the emergence of a single presidential candidate.Keywords: Political Cartel; President Threshold; Single Candidate.
Highlights
The regulation and prevention of high-cost politics has not been systematically constructed in the law, so that this problem becomes a latent problem in the administration of elections in Indonesia, systematic provisions seek to prevent money politics or transactional politics which at the high cost of politics in Indonesia have not been seen to be a concern legislator
The Parliamentary threshold is the basis for the presidential nomination threshold. if we look at the requirements for presidential nomination, those who fall into the category of political parties are those within the parliamentary threshold
Political parties that pass the verification do not have the same rights in submitting presidential candidates in the general election, so the threshold model needs to be reviewed
Summary
The regulation and prevention of high-cost politics has not been systematically constructed in the law, so that this problem becomes a latent problem in the administration of elections in Indonesia, systematic provisions seek to prevent money politics or transactional politics which at the high cost of politics in Indonesia have not been seen to be a concern legislator. The construction of political costs is very important to discuss considering that political parties are tools used in the general election process. Political construction greatly influences the general election model used in recruiting candidates proposed by political parties. The requirements for the nomination of President arise with the provisions of Article 7 of 2017 Law Number 7 of 2017 concerning Elections which regulates the presidential nomination threshold which requires the acquisition of seats of at least 20% (twenty percent) of the total number of DPR seats or a minimum of 25% (two percent).
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