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Prasasi, Cindy Ayu
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Relevance of Presidential Threshold Implementation in the 2024 Concurrent Elections Prasasi, Cindy Ayu
Law Research Review Quarterly Vol 9 No 4 (2023): Various Issues on Law and Development
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v9i4.75186

Abstract

The fortification of Indonesia's presidential system ensued through the amendment of the 1945 Constitution spanning from 1999 to 2002. This consolidation of the presidential system is exemplified by the discontinuation of the President's status as a mandatary of the People's Consultative Assembly, aligning with the nation's commitment to establish a democratic rule of law. The President, as the head of government, is now directly elected by the populace, with the inaugural direct presidential election taking place in 2004. Within this electoral process, a stipulated criterion known as the Presidential Threshold is applied. In the upcoming 2024 election, the maintenance of the presidential threshold dictates that a pair of presidential candidates proposed by a political party or an amalgamation of political parties must meet specific requirements. These include obtaining at least 20% of the total seats in the Regional Representative Council (DPR) or securing 25% of the valid votes nationally in the preceding DPR member election. While the implementation of the presidential threshold in Indonesian elections has elicited both support and criticism, proponents argue that it streamlines political parties, bolstering the presidential system and fostering government stability, particularly in the interplay between executive and legislative institutions. Conversely, detractors contend that the reliance on votes from the previous election for the application of the presidential threshold in simultaneous elections warrants reconsideration.
Navigating Regional Regulatory Changes in Indonesia: An In-Depth Analysis of Post-Amendment Implementation of Law Number 12 of 2011 on Legislation Formation Wedhatami, Bayangsari; Damayanti, Ratih; Prasasi, Cindy Ayu
Unnes Law Journal Vol 9 No 2 (2023): Contemporary Issues on Law and Development: Social, Political and Legal Aspects
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v9i2.78642

Abstract

In the context of Indonesia as a State of Law, the imperative role of the rule of law cannot be overstated in realizing the state's objectives. The formulation of Legislative Regulations, essential for upholding the rule of law, necessitates meticulous consideration of three fundamental principles: benefit, justice, and legal clarity. To ensure the effectiveness of these regulations in aligning with the direction and goals of national legal development, the process adheres to key principles, encompassing the clarity of objectives, appropriate institutional involvement, congruence among types, hierarchy, and material content, practicability, clarity of formulation, and transparency. This procedural framework is consistently implemented in a sustainable, coordinated, and integrated manner. The legal landscape in Indonesia underwent significant transformations with the enactment of Law Number 11 of 2020 on Job Creation, introducing the omnibus law technique. However, the subsequent Constitutional Court Decision Number 91/PUU-XVIII/2020 provisionally deemed this law unconstitutional. Responding to this decision, Law Number 12 of 2011 underwent a substantial amendment through Law Number 13 of 2022, specifically addressing the omnibus approach and enhancing meaningful public participation in statutory rule creation. This legal revision significantly influences the development of legal instruments at the regional level. Consequently, an examination of the implementation of regional legal product formation becomes imperative post the amendment of Law Number 12 of 2011 on the Formation of Legislative Regulations.
Co-Authors Ratih Damayanti Wedhatami, Bayangsari