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Efektivitas Sistem Threshold dalam Presidential Threshold di Indonesia Harlian Satria Wilwatikta; Falah Ramadhani; Malik Madya Jaya Pratama; Dzaqyar Rahmatul Iqbal; Fauzan Adhima; Hillan Rusydha Fazha
Aktivisme: Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia Vol. 2 No. 1 (2025): Januari: Aktivisme : Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aktivisme.v2i1.604

Abstract

The Presidential Threshold is a rule that sets the minimum threshold percentage of votes that a political party is required to achieve, in order to nominate or carry presidential and vice presidential candidates in the election contestation. This system is designed to filter out candidates who are considered qualified, the hope is that only candidates with high electability levels can run. However, its implementation is often a source of controversy because it is considered to hamper potential candidates from small parties or independents who may have quality, but are less known to the public. As a result, the dominance of major parties in the presidential candidacy limits people's choices and does not reflect the existing political diversity. In the Indonesian system of government, where the president and the DPR are independent institutions, the Presidential threshold system is considered incompatible with the principles of inclusive and representative democracy. This provision was first implemented through Article 5 paragraph (5) of Law Number 23 Year 2003 on the General Election of the President and Vice President, and has continued to be used in subsequent presidential elections. This article focuses on the effectiveness of the Presidential Threshold in the Indonesian political context and its impact on political participation, democratic representation, and constitutional law.
Kepastian Hukum bagi Pemegang Polis dalam Kasus Gagal Bayar Perusahaan Asuransi: Analisis Normatif Harlian Satria Wilwatikta; Malik Madya Jaya Pratama; Falah Ramadhani; Cindi Fadila; Garnis Putri Shima
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/79pf5v18

Abstract

The phenomenon of insurance company defaults indicates the existence of legal uncertainty that directly impacts the weak protection afforded to policyholders as the aggrieved party in the contractual relationship. This situation reflects a gap between applicable legal norms and their implementation in practice, particularly regarding supervision, transparency, and dispute resolution mechanisms in the financial services sector. This study aims to analyze legal certainty for policyholders in cases of insurance company defaults through a normative legal approach. The methods used include legislative and conceptual approaches, utilizing primary, secondary, and tertiary legal sources analyzed qualitatively. The research results indicate that although the regulatory framework has established protections for policyholders, its effectiveness remains limited due to weak supervision, an imbalance in the positions of the parties involved, and the suboptimal roles of the policy guarantee institution and dispute resolution mechanisms. The discussion underscores the importance of strengthening a legal protection system that is both preventive and repressive to ensure legal certainty and enhance public confidence in the insurance industry.