This study brought up an issue related to the ineffectiveness of the presidential threshold arrangement in Law Number 7 of 2017 on General Election that is correlated with the implementation of simultaneous general election. This was a normative legal study with statute, historical and conceptual approaches. In addition, research sources were needed to solve legal issues and to make recommendations. The sources used in this study included primary and secondary legal materials. The findings showed that the enactment of Law Number 7 of 2017 on General Election is considered ineffective because it has legal issues, such as being contradictory to the amendment of the 1945 Constitution, creating injustice for new political parties that participate in the general election, and weakening the Indonesia's presidential system.
This study raises the legal issue against the enactment of Law No. 7 of 2017 on General Elections in Indonesia. The law has violated the constitutional rights of new political parties of the simultaneous general election participants that began in 2017. The injustice is seen in article 222 which requires the provision of presidential threshold for political parties nominating the president and vice-presidential pairs based on the results of general elections in 2014. If this provision is applied, automatically the new political parties of the simultaneous general election participants in Indonesia do not have the opportunity to nominate a couple of presidents and vice presidents. Based on the Constitution of the 1945 Constitution, the president and vice president are nominated by a political party or a coalition of political parties participating in the general election. Considering the constitution applicable in Indonesia should every political party participating in the general election have equal rights and opportunity in carrying the candidate of president and vice president to be elected by the people in a democracy.
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