The Ideal Concept of Presidential Threshold Arrangement to Achieve Constitutional Rights of New Political Parties in a simultaneous general election in Indonesia

Abstract

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.

Escaping social media: the end of netizen’s political polarization between Islamists and nationalists in Indonesia?

“…This legal perspective can specifically be used in Indonesia to understand the development of political polarization in the era of new media, particularly in relation to the general election regulation. According to the Indonesian Constitution (Undang-Undang Dasar-UUD), as the highest legal basis in Indonesia, each political party participating in the general election or every citizen has equal right and opportunity to nominate their presidential candidate and vice-presidential candidate to be democratically elected by the people (Mukhtarrija et al, 2018). Affording the opportunity for every citizen to be nominated as president will enable efforts to restore constitutional rights, as well as provide numerous alternative presidential candidates (Hutabarat & Affandi, 2019).…”