Problematic Presidential Electoral Threshold In The Operation Of Value-Based Simultaneous Justice

Abstract

Presidential candidates nominated by political parties or coalition of political parties at a threshold of 20% of seats in parliament, or 25% of the valid votes nationally. The percentage threshold is determined by the results of previous elections. Election 2019 was held simultaneously between Presidential and legislative elections. It is considered unfair because only the party who competed in the 2014 elections who can nominate Presidential candidate, while a new political party can not. There needs to be an analysis of the provisions of the presidential threshold in order based on justice. In this paper are the issues to be discussed in this paper, the issues to be analyzed is a regulation of the presidential threshold in the legislation that never applies in Indonesia,
Pendektan research is a normative legal research using secondary data. Based on the analysis carried out concluded that the presidential regulation threshold change along with political developments. Problematics relating to the presidential threshold is first, irrelevant and unfair because the elections held simultaneously, both the determination of the presidential threshold is unfair because it does not provide the opportunity of new political parties to nominate candidates for president, third, there will be negotiations Presidential candidate by a political party bearer, causing The president-elect is very dependent on the political forces in Parliament. Of these problems then, presidential threshold should weigh the public sense of justice and fairness as a political party voters. The democratic system can not be built without constituted the same right in every election, because in a democratic system only provides the same opportunity (equal opportunity) and not the same result (equal result). Therefore, in the upcoming elections do not need to be provisions presidential threshold.