Claim Missing Document
Check
Articles

Found 1 Documents
Search

Implikasi Penghapusan Presidential Threshold terhadap Demokrasi di Indonesia Arnoldus Jansen Tabung; Kotan Y. Stefanus; Agnes Doortji Rema
Jurnal Pengabdian Masyarakat Kesosi Vol. 9 No. 1 (2026): Januari: Jurnal Abdimas KESOSI
Publisher : Sekolah Tinggi Ilmu Kesehatan Kesetiakawanan Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57213/abdimas.v5i1.424

Abstract

The Presidential Threshold, or the minimum percentage threshold for nominating presidential and vice-presidential candidates by political parties, as stipulated in Article 222 of Law No. 7 of 2007 concerning General Elections, is considered detrimental to the constitutional rights of political parties and undermines the sovereignty of the people. This research uses a normative juridical research method, based on Constitutional Court decisions and laws, using statutory, historical, case, and comparative approaches. The legal sources for this research are primary, secondary, and tertiary legal materials. The legal material analysis uses an inductive analysis from the specific to the general, conducted qualitatively and presented in descriptive form. The results of this study indicate that: 1) The 1945 Constitution does not require a vote threshold for nominating a president and vice president; 2) The Constitutional Court's implementation of the presidential threshold is deemed detrimental to the political rights and sovereignty of the people and contradicts Article 6A paragraph (2) of the 1945 Constitution;  3) The elimination of the presidential threshold opens the opportunity for a more inclusive democracy, strengthens the legitimacy of a president directly elected by the people, opens the opportunity for all political parties to participate in the election, and allows for increased public political participation. However, the elimination of the presidential threshold raises challenges related to coalition formation, political fragmentation, government stability, and the management and strengthening of political party institutions.