Muhammad Anwar Soleh
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Implikasi Putusan Mahkamah Konstitusi Nomor 60/PUU-XXII/2024 terhadap Demokratisasi Pemilihan Kepala Daerah Muhammad Anwar Soleh; Durohim Amnan
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 1 No. 3 (2024): September: Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publ
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v1i3.85

Abstract

This study will discuss how the implications of the MK 60/PUU-XXII/2024 decision on the 2024 simultaneous regional election contestation and how the idealita (ideal concept) threshold for the nomination of regional heads in the election system in Indonesia. This study also aims to address the issue of the threshold of the nomination, both the nomination of the president and the nomination of regional heads which from time to time always cause problems and difficult to find a middle point. Type of research used normative-juridical approach to legislation and cases as well as research used library (library research) with secondary data. The results of the discussion are the result of this decision, namely the potential of each political party to propose a candidate for Regional Head is increasingly wide open and the competition is believed to be increasingly competitive which can produce a skilled and qualified leader because it has gone through a rigorous competition process from each candidate proposed by a political party. This implication is a space that has been awaited by political parties and the community because the more candidates for regional heads, the more choices that can be investigated by the community.
Aktualisasi Prinsip Negara Hukum Pasca Putusan Mahkamah Konstitusi Nomor 60/PUU-XXII/2024 Muhammad Anwar Soleh
Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi Vol. 2 No. 2 (2025): April : KONSENSUS : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konsensus.v2i2.669

Abstract

The problem of organizing regional elections has been apparent since the nomination stage where there are obstacles for each regional head, namely the regional head nomination threshold. The nomination threshold directly eliminates the constitutional and political rights of every citizen to actively participate in the regional head election process. This study uses normative legal research, namely preliminary research activities before delving further into in-concrito research. The research approach uses a statute approach and a case approach through the Constitutional Court decision Number 60/PUU-XXII/2024. The statute approach is carried out to trace the laws and regulations related to the research theme being studied. The results of the discussion obtained, namely the Constitutional Court's decision regarding changes to the regional head nomination threshold, are a good sign for the future of democracy. The people have almost lost trust recently in the democratization process with the behavior of political party elites in nominating regional heads who tend to lead to cartel politics. Of course, this decision needs to be welcomed and the Constitutional Court deserves appreciation because this decision was issued amidst the strengthening of cartel politics in the nomination of regional heads. The Constitutional Court's decision has changed the basis of the requirements that must be met by political parties or coalitions of political parties in registering regional head candidate pairs from obtaining seats or accumulation of valid voters to only obtaining valid voters by determining the percentage.