ANALISIS POLITIK HUKUM PENGATURAN PRESIDENTIAL THRESHOLD BERDASARKAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

Abstract

Article 222 No. 7 of 2017 concerning General Elections as an entry point for
political cartels, both the requirements for presidential candidates and vice presidential
candidates and the procedures for presidential elections in the 1945 Constitution do not
regulate the requirement sthreshold and the 1945 Constitution does not delegate laws to
regulate condition shreshold and Article 222 does not provide legal certainty because
neither new parties nor old parties that do not have 20% of the seats or 25% of the valid
national vote can nominate presidential and vice presidential candidates.
The purpose of writing this thesis is: first, to understand the political and legal
regulations Presidential Threshold in the election of President and Vice President as
regulated in Law Number 7 of 2017. Second, to find out about the arrangements
Presidential Trheshold In the General Election, it is in accordance with the Political and
Legal Analysis of the 1945 Constitution. Third, to find out the Analysis of Legal Political
Conformity Presidential Trheshold in Law Number 7 of 2017 Linked to the 1945
Constitution. The research method in this thesis uses normative juridical research, namely
research that focuses on examining the application of rules or norms in positive law. The
data source used is the data sourcefirst, seconds andtertiary, The data collection method
used in this research is firstly literature study, which is a technique for obtaining
secondary data through documents related to the problem, objectives and benefits of the
research, then after the data is collected it is then analyzed to draw conclusions.
Based on the research results, the first conclusion can be drawn that political legal
determination Presidential Threshold in the election of the president and vice president
regulated in law no. 7 of 2017 in the Law of the Republic of Indonesia of 1945 presented
as a form of strengthening the presidential system, and requiring a government that
isbalanced and mutually controlled Second Arrangement presidential threshold in the
Election Law, this actually creates a contradiction or incongruity with the spirit of the
constitution, which has actually opened up the widest possible space for political parties
participating in the election to nominate presidential and vice presidential candidates
without being limited by the threshold for obtaining votes or seats in parliament.
Keywords: Election, presidential threshold, 1945 Constitution