Presidential Threshold in the Presidential Election: A Democratic and Constitutional Study

DOI

10.2991/icils-19.2019.27How to use a DOI?

Keywords

Presidential Threshold, Constitutional, and Democratization

Abstract

Presidential Threshold (PT) is a system the legislators have been being held as an instrument in the presidential election system since 2004. Although PT has been stated in the legal product, and justified by the Decision of the Constitution Court, it does not mean that it is a final product. As something that is always moving, it is essential to deconstruct the system. We should really do it when the 2019 General Election was simultaneously carried out. Therefore, the relevance of PT with the concurrent General Election should be re-thought. In this article, the authors would discuss two things, first, the constitutional perspective in recognizing the PT, and also the tract record of its urgency in the formulation of the direct Presidential Election system, second, the democratization aspect in the PT and the 2019 Simultaneous General Election. The research method adopted in this present research was a normative legal research type, studied using two approaches to laws namely conceptual and comparative ones. The data sources used were primary and secondary. Some conclusions are drawn from this research. Firstly, through the constitutional standpoint, the enforcement of the PT instigates a series of the state administrators who infringe upon the souls and spirits residing in the Constitution, and such overruling attitudes are full of certain political interests, as proved by the tract record of the interests in formulating the direct presidential system. Secondly, the implementation of the PT puts aside fundamental values of the democracy, since the regulators easily have disregarded the long journey of the bloody democracy, and have brought about a general election which was unjust and uncompetitive. The solution to the problem the authors try to propose is that the threshold should be removed. The authors recommend the concept “removal” means that such a threshold should be purely erased.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Sulardi
AU  - Febriansyah Ramadhan
PY  - 2019/11
DA  - 2019/11
TI  - Presidential Threshold in the Presidential Election: A Democratic and Constitutional Study
BT  - Proceedings of the 2nd International Conference on Indonesian Legal Studies (ICILS 2019)
PB  - Atlantis Press
SP  - 149
EP  - 156
SN  - 2352-5398
UR  - https://doi.org/10.2991/icils-19.2019.27
DO  - 10.2991/icils-19.2019.27
ID  - 2019/11
ER  -