A presidential threshold or a threshold for presidential candidacy dramatically hinders a person's democratic rights. This is because a person can rightfully nominate and elect themselves through a political party, which must be limited due to this system. The Presidential Threshold could eliminate the fundamental rights of the people in the constitution, where every citizen has the right to be elected and to vote. This statement is stated in Article 28(D) paragraph 3 of the 1945 Constitution, later revealed to be Law No.39 of 1999. With the existence of this presidential threshold, it is feared that it could injure the law's mandate. The research aims to determine whether the presidential threshold injured democracy and the mandate of the 1945 constitution. This research uses a normative approach. The research will focus on the principles, comparisons and history of law. The presidential threshold will close the space for political parties to carry the best presidential and vice-presidential candidates for the community. This automatically kills democracy, political parties' constitutional rights, and the people's right to choose the best and quality, leaders.
The new variant of corona virus from Wuhan is indeed very infectious. The Covid-19 has shocked the world because it is so deadly and takes many lives. So this has a significant impact on each country. Indonesia, to tackle the spread of this virus, has also implemented several ways, namely by encouraging people to live clean and healthy lives, implementing the 5M (Wearing masks, Washing hands, Keeping a distance, Staying away from crowds, Limiting mobilisation and interaction) and imposing restrictions. The government's efforts are solely for the common good. However, it is undeniable the large-scale social restrictions or Pembatasan Sosial Berskala Besar (PSBB) implementation also has an unfavourable impact on the community because their movement is restricted. This indirectly also harms the people's economic movement. So there are still some people who violate this PSBB rule. This study was conducted to determine whether the ultimum remedium is applied in law enforcement for PSBB violations. The research will use qualitative research by collecting data and news analyzation. The study results show that the government applies criminal sanctions and fines as an alternative to deter people.
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