Jurnal Kajian Hukum dan Sosial
Vol 21 No 1 (2024)

Presidential Threshold in the 2024 Presidential Elections: Implications for the Benefits of Democracy in Indonesia

Umarwan Sutopo (Faculty of Sharia, IAIN Ponorogo)
Achmad Hasan Basri (Faculty of Sharia and Law, UIN KH Achmad Siddiq Jember)
Hilman Rosyidi (Faculty of Ushuluddin, Al-Azhar University Cairo)



Article Info

Publish Date
25 Jun 2024

Abstract

Elections are one of the Indonesian people's efforts to elect the best leaders as well as the embodiment of a democratic country. The Presidential Threshold (PT) that applies in the 2024 presidential election (Pilpres) is one of the things that has become a polemic in society. This can be seen in several judicial review processes by the public and groups requesting the abolition of the threshold. With normative research and conceptual and legislative approaches relating to elections in general and presidential elections in particular, this research questions its benefits. The benefit in question is the benefit that returns to the community in particular and the government system that is formed. Through literature study and qualitative analysis, the results showed that the existence of PT contradicts the wrongful benefits and ḍarūrī in the nation's life and democracy. This means the people are limited in choosing presidential and vice-presidential candidates who truly suit their wishes. The nation's best sons and daughters are limited in their rights to nominate themselves as leaders because of the PT. Furthermore, the ruling party has a tremendous opportunity to control the presidential system, both at the legislative and executive levels, and this is undoubtedly contrary to the benefit itself.

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Journal Info

Abbrev

justicia

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The journal aims to advance knowledge in Islamic legal studies within Muslim societies from various perspectives, enriching both theoretical and empirical research. It covers a range of subjects, including in-depth studies of living law in Muslim communities, legal negotiations on human rights, and ...