Barqi, Suha Yusbairoh
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Reforming the Parliamentary Threshold in Indonesia's General Elections: A Legal and Fiqh Siyasah Dusturiyah Perspective Barqi, Suha Yusbairoh; al Arif, M. Yasin; Irwantoni, Irwantoni
As-Siyasi: Journal of Constitutional Law Vol. 4 No. 2 (2024): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v4i2.24326

Abstract

This study examines the issues surrounding the establishment of the parliamentary threshold in Indonesian elections from 2009 to 2024, as well as the urgency of its reform, from the perspective of fiqh siyasah dusturiyah. The study aims to analyze the impact of the parliamentary threshold on the multi-party system and the stability of democracy and to offer solutions based on Islamic legal studies. The research employs a juridical-normative method with both a legislative and conceptual approach. Data were collected through literature studies, including legal documents, scholarly journals, and court proceedings. The study results show that applying the 4% parliamentary threshold in Law No. 7 of 2017 has led to negative consequences, such as the significant waste of valid votes and the limited access of smaller parties to the Parliament. From the perspective of fiqh siyasah dusturiyah, this policy does not fully align with the principle of maslahat, as it creates imbalances in political representation. Therefore, a threshold revision to a more rational figure, such as 1%, is needed to minimize wasted votes and reinforce the principle of democratic justice. The conclusion emphasizes that the threshold size must consider the maslahat (benefit) of society and align with the principles of fiqh siyasah dusturiyah to support implementing a more inclusive and just electoral system.
Reformulation of the Legal Politics of the Parliamentary Threshold in the Design of the 2029 General Election Following Constitutional Court Decision No. 116/PUU-XXI/2023 Barqi, Suha Yusbairoh; Yusdiyanto; Fathoni
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.32629

Abstract

Indonesia's parliamentary threshold has been progressively increased over successive general elections. However, its determination has lacked objective, proportionate, and rational parameters, creating legal uncertainty and reducing political representation by excluding valid votes from parliamentary seat allocation. Constitutional Court Decision No. 116/PUU-XXI/2023 marks a constitutional turning point by requiring the legislature to reformulate the parliamentary threshold before the 2029 General Election using a constitutionally justifiable methodology. This study examines the legal politics of parliamentary threshold regulation following Constitutional Court Decision No. 116/PUU-XXI/2023 and proposes an appropriate regulatory model for the 2029 General Election. The research employs normative legal research using statutory, conceptual, case, and comparative approaches, analysed qualitatively through the theories of legal politics and democracy. The findings demonstrate that the Court's decision has transformed the concept of open legal policy from broad legislative discretion into a legal policy constrained by constitutional parameters. Comparative experience from Germany further indicates that a parliamentary threshold remains constitutionally justifiable when designed in accordance with the principles of proportionality, the protection of political representation, and empirically grounded criteria. Accordingly, this study proposes a reformulation model based on empirical and constitutional parameters by integrating the Effective Number of Parliamentary Parties (ENPP), the Gallagher Index, and wasted votes as the principal indicators for determining the parliamentary threshold. It recommends that these parameters serve as the normative basis for amending Indonesia's General Election Law before the 2029 General Election.