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All Journal Jurnal Darussalam : Pemikiran Hukum Tata Negara dan Perbandingan Mazhab
Lalu Hendri Nuriskandar
STIS Darussalam Bermi Lombok Barat
Law, Crime, Criminology & Criminal Justice

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IMPLIKASI PENGHAPUSAN PARLIAMENTARY THRESHOLD PADA PEMILU SERENTAK TAHUN 2029 Muh. Rizal Hamdi; Idul Adnan; Lalu Hendri Nuriskandar
JURNAL DARUSSALAM: Pemikiran Hukum Tata Negara dan Perbandingan Mazhab Vol. 4 No. 2 (2024): Jurnal Darussalam: Pemikiran Hukum Ketatanegaraan dan Perbandingan Mazhab
Publisher : STIS Darussalam Bermi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59259/jd.v4i2.193

Abstract

This research aims to examine the implications of the Constitutional Court decision Number 116/PUU-XXI/2023, one of which contains the elimination of the 4% parliamentary threshold regulated in Law Number 7 of 2017 concerning Elections as one of the legal bases for implementation. election in 2029. The Constitutional Court (MK) considers that the parliamentary threshold provisions are not in line with the principles of popular sovereignty, electoral fairness, and violate the legal certainty guaranteed by the constitution. This research is library research which examines the Constitutional Court Decision Number 116/PUU-XXI/2023. This research is descriptive analytical in nature, namely by describing the description of the object under study based on facts that appear as they are and then analyzing them to reveal the meanings behind these facts. The approach used in this research is a normative approach. In this research, it is explained that the existence of the Parliamentary Threshold is not effective enough as a mechanism to simplify the existence of political parties in the electoral system in Indonesia. It even tends to harm the constitutional rights of citizens who represent their constituents. The existence of the Constitutional Court Decision Number 116/PUU-XXI/2023 provides a breath of fresh air to create justice in the implementation of the 2029 elections in Indonesia
Co-Authors Idul Adnan Muh. Rizal Hamdi