Rahmat Muhajir Nugroho
Faculty of Law, Universitas Ahmad Dahlan, Indonesia

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Implications of the Presidential Threshold Implementation on the Formation of Cartel Coalitions Rahmat Muhajir Nugroho
Kosmik Hukum Vol 24, No 1 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i1.14521

Abstract

The threshold for presidential candidacy as a condition for nominating candidates for President and Vice President in the General Election in Indonesia creates constitutional problems. Political parties that have been designated as election participants cannot immediately nominate pairs of candidates for President and Vice President because there are additional requirements outside of the constitutional provisions, namely that political parties must have 20% of the DPR RI seats or 25% of the valid national votes resulting from the Legislative Election in the previous five years. This research aims to analyze the implications of implementing the Presidential Threshold on the formation of cartel coalitions. The research method is normative legal research using primary, secondary, and tertiary legal materials. Apart from limiting the rights of political parties, these threshold provisions also have implications for the formation of cartel coalitions, so they are very dominant in Parliament. This research concludes that setting the threshold for nominations for President and Vice President has implications for the formation of large coalitions (oversized coalitions) in government, even political cartels, thus opening opportunities for oligarchs to intervene in government.Keywords: Election, Presidential Threshold, Cartel
Women's right to the throne: A comparison between the Sultanates of Yogyakarta and Brunei Darussalam Anom Wahyu Asmorojati; Immawan Wahyudi; Rahmat Muhajir Nugroho; Rofi Aulia Rahman
Jurnal Hukum Novelty Vol. 17 No. 1 (2026)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v17i1.31186

Abstract

Introduction to the Problem: This article examines the issue of gender inequality in royal succession by comparing women's right to ascend the throne in the Sultanate of Yogyakarta and in Brunei Darussalam. While Yogyakarta has begun to open up the discourse on women's succession through the King's Word and constitutional interpretation, Brunei explicitly restricts succession to male heirs under its constitution. Purpose/Study Objectives: The purpose of this article is to analyze and compare the position and rights of women in royal succession within the Sultanate of Yogyakarta and Brunei Darussalam, to identify the cultural, historical, and religious factors that influence this practice, and to evaluate it in the light of international human rights principles, in particular CEDAW. Design/Methodology/Approach: This research uses normative juridical research methods with a comparative approach, focusing on the analysis of legal texts, constitutional provisions, customary regulations, and international human rights instruments. Findings: The study reveal that although both the Sultanate of Yogyakarta and Brunei Darussalam are rooted in patriarchal traditions of royal succession, they diverge significantly in their capacity for legal and normative adaptation. In Yogyakarta, the combination of Sabda Raja, Dawuh Raja, and Constitutional Court Decision No. 88/PUU-XIV/2016 has created a transformative opening that reinterprets customary law in line with constitutional principles and international human rights norms, thereby enabling the possibility of female succession through an evolving model of adaptive legal pluralism. By contrast, Brunei maintains a structurally closed system in which the constitutional requirement of a male ruler (reinforced by the Melayu Islam Beraja ideology and religious authority) institutionalizes gender exclusion and limits interpretive flexibility. This comparison demonstrates that restrictions on women’s leadership are not inherently derived from Islamic doctrine but are shaped by differing configurations of political authority, legal flexibility, and engagement with international norms, with Yogyakarta illustrating the potential for reform and Brunei reflecting the persistence of entrenched patriarchal governance. Paper Type: Research Article