FIAT JUSTISIA: Jurnal Ilmu Hukum
Vol 16 No 1 (2022)

Moral Paradigm in the Establishment of Regulation on Parliamentary Thresholds: An Indonesian Implementation

Sholahuddin Al-Fatih (Universitas Muhammadiyah Malang)
Ahmad Siboy (Universitas Islam Malang)



Article Info

Publish Date
07 Jun 2022

Abstract

The moral paradigm in establishing legal norms about parliamentary thresholds in legislative elections is studied through historical, conceptual, and statutory approaches. Figures' perspectives on the moral paradigm and nature's laws are an analysis benchmark. This research is a legal analysis with a conceptual approach. The main objective of this research was to analyse the moral paradigm in the formation of laws regarding parliamentary thresholds in Indonesian elections. According to this research, the establishment and implementation of parliamentary threshold legal norms cannot meet the main legal objectives, namely justice, because parliamentary thresholds are designed to limit political parties' eligibility for parliament in subsequent elections. Therefore, the government canceled the application of the parliamentary threshold through lawmakers and the Constitutional Court in the next election.

Copyrights © 2022






Journal Info

Abbrev

fiat

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Fiat Justisia: Jurnal Ilmu Hukum is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research encompassing specifically concerning human rights, policy, values of Islam. These may include but are not limited to various fields such ...