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All Journal Mimbar Keadilan Contemporary Issues on Interfaith Law and Society
Imam Sukadi
Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia
Law, Crime, Criminology & Criminal Justice

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Presidential Threshold in The Election of The President and Vice President from A Constitution and Human Rights Perspective Imam Sukadi; Jundiani Jundiani; Syabbul Bachri; Mohamad Sinal; Ahmad Qiram As-Suvi
Mimbar Keadilan Vol. 17 No. 2 (2024): Agustus 2024
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v17i2.10320

Abstract

Art 222 Law Number 7 year 2017 concerning General Elections, regulates the provisions of the threshold where the acquisition of seats in the DPR must be 20 percent or obtain valid votes nationally as much as 25 percent then political parties can nominate and nominate pairs of presidential and vice-presidential candidates. Setting the Presidential Threshold in the election of President and Vice President in Indonesia from a constitutional and human rights perspective brings its own problems in the Indonesian constitutional system. The Presidential Threshold system does give rise to privileges for certain parties. This is because only parties that meet the threshold can compete directly in the presidential election. It is for this reason that the privileges of these major parties have given birth to political cartels. What is bad for democracy is that it eliminates equal competition for all potential candidates to contest the Presidential election. The Presidential Threshold is not justified in eliminating or emasculating the meaning of democracy which provides rights and freedoms for citizens. Among the constitutional rights include the right to vote, the right to nominate (the right to be a candidate), and the right to nominate candidates, these are rights guaranteed by the 1945 Constitution of the Republic of Indonesia which everything is reduced because of this Presidential Threshold provision.
Legal Construction of Interfaith Marriage in Indonesia: Legal Reasoning and Multireligious Ratio Legis Erfaniah Zuhriah; Su'ud Fuadi; Imam Sukadi; Jamrud Qomaruz Zaman; Siti Aisyah binti Samudin
Contemporary Issues on Interfaith Law and Society Vol. 5 No. 1 (2026): Interfaith Dialogue and the Rule of Law
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v5i1.39979

Abstract

Supreme Court Circular Letter No. 2 of 2023, which prohibits interfaith marriage in Indonesia, continues to generate constitutional and legal debate. Opposition is largely based on universal human rights arguments, while support emphasizes religious and moral values. This study examines the ratio legis of the prohibition within the framework of Indonesia’s Staatsfundamentalnorm. Using normative legal research with statutory, philosophical, and case-based approaches, the study finds that both doctrinal-deductive and non-doctrinal (pragmatic)-inductive reasoning support the interpretation that the prohibition aims to protect the right to religious observance and implement the first principle of Pancasila as a constitutional value. At the same time, the regulation reflects an ongoing tension between the protection of religious values and the recognition of universal human rights in Indonesia’s pluralistic legal system. The implementation of the prohibition is hindered by several legal lacunae, including regulatory disharmony, ambiguity regarding marriages conducted abroad, the use of legal circumvention strategies, and the persistence of unregistered (siri) marriages. To strengthen legal certainty and governance of diversity, this study proposes: (1) statutory regulation of interfaith marriage prohibitions that accommodates religious and cultural considerations; (2) harmonization of related regulations; (3) application of the nationality principle; (4) marriage annulment based on apostasy; and (5) prohibition of siri marriages accompanied by punitive sanctions. These measures are intended to enhance legal certainty, protect rights, and improve the management of diversity within Indonesia’s multicultural legal system through stronger institutions and greater public legal awareness. 
Co-Authors Ahmad Qiram As-Suvi Erfaniah Zuhriah Jamrud Qomaruz Zaman Jundiani Jundiani Mohamad Sinal Siti Aisyah binti Samudin Su'ud Fuadi Syabbul Bachri