Shulga, Ievgenii
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Understanding Indonesia's Presidential Threshold: A Study on Political Rights Setiawan, Angga Eka; Fatmawati, Leony; Shulga, Ievgenii
Jurnal Mengkaji Indonesia Vol. 3 No. 1 (2024): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v3i1.622

Abstract

Abstract: The implementation of the Presidential Threshold in Indonesia's electoral system has significant implications for the nomination process of Presidential and Vice Presidential candidates, impacting political rights and democratic principles. From the experience of Ukraine, where threshold regulations have played a crucial role in shaping the political landscape and ensuring the representation of diverse voices, it is evident that the design and application of such thresholds can have far-reaching consequences on the inclusivity and fairness of electoral processes. By examining the parallels and contrasts between the Indonesian and Ukrainian contexts, valuable insights can be gained into the challenges and opportunities associated with threshold requirements in safeguarding political rights and upholding democratic values. Purpose: This study aims to analyze the setting of the Presidential Threshold in Indonesia, examining its alignment with political rights. It explores the legal framework, historical context, and impact of the Presidential Threshold on the democratic process in Indonesia. By incorporating insights from Ukraine's experience with threshold regulations in electoral processes, the study seeks to draw parallels and contrasts that shed light on the implications for political rights and democratic governance. Understanding how Ukraine has navigated the challenges of setting thresholds to balance legitimacy and inclusivity can provide valuable lessons for Indonesia in enhancing its electoral system and upholding democratic principles. Design/Methodology/Approach: The article employs a normative juridical method, utilizing legal research techniques to analyze relevant laws, constitutional provisions, and court decisions. It also incorporates case approaches, such as the Conceptual Approach and the Statute Approach, to provide a comprehensive understanding of the topic. Findings: The analysis reveals that the Presidential Threshold, as outlined in Article 222 of Law No. 7/2017, establishes a minimum percentage requirement for Presidential and Vice Presidential candidates to be nominated. This threshold has evolved, influencing the electoral landscape and political dynamics in Indonesia. However, concerns are raised regarding its potential contradiction with constitutional principles, particularly concerning political rights and equality in the electoral process. The experience of Ukraine underscores the importance of threshold regulations in strengthening the legitimacy and stability of democratically elected governance while emphasizing the need to preserve political pluralism and inclusivity. Originality/value: This research contributes to the discourse on electoral reform and democratic governance in Indonesia by critically examining the Presidential Threshold. By shedding light on the legal and political dynamics surrounding this threshold, the study provides insights into the challenges and opportunities for enhancing political rights and democratic practices in the Indonesian context.
Digital Platform Power Play: Indonesian and European Union Law Perspective Hufron, Hufron; Fikri, Sultoni; Hadi, Syofyan; Shulga, Ievgenii; Wibowo, Agung Satryo
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.13669

Abstract

Plenty aspect of human life across various regions, also Indonesia, utilizes electronic systems for a multitude of activities, and involving digital platforms. The concept of Digital Platform Powerplay is linked to the digital market and personal data protection. In Indonesia, the regulatory framework governing digital markets and personal data primarily relies on Law No. 11/2008 concerning Electronic Information and Transactions, which has undergone two amendments: Law No. 19/2016 amending Law No. 11/2008, and Law No. 1/2024 amending Law No. 11/2008 for the second time and Law No. 27/2022 concerning Personal Data Protection. As a implementation regulation Government Regulation No. 80/2019 concerning Electronic Commerce and Government Regulation No. 71/2019 concerning the Implementation of Electronic Systems and Transactions further elaborate on these regulations. These legal provisions are intended to provide legal certainty for users. It is essential to review all regulations related to electronic systems and digital platforms by comparing them with the regulatory frameworks in the European Union. The study addresses two primary issues: 1) the legal regulation of digital markets from the perspective of Indonesian positive law, and 2) the legal regulation of digital markets from the perspective of European Union law. This research employs normative legal research methodologies, utilizing both statutory and comparative approaches. The findings of this study suggest that Indonesia should consider adopting the European Union's Digital Markets Act and Personal Data Protection regulations by amending Law No. 11/2008 concerning Electronic Information and Transactions and its amendments, with particular emphasis on aspects related to Digital Platform Powerplay.