KONSTRUKSI PENGATURAN PARLIAMENTARY THRESHOLD PERSPEKTIF MASLAHAH MURSALAH

Panji Satrio Dewandaru, NIM.: 19203010022 (2023) KONSTRUKSI PENGATURAN PARLIAMENTARY THRESHOLD PERSPEKTIF MASLAHAH MURSALAH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The application of a parliamentary threshold is a change of the electoral threshold in the setting of threshing figures in general elections. Thresholds are part of an open legal policy with the presence of open legal policy an the DPR has the authority to make laws. In law enforcement the threshold has experienced a dynamic after switching from electoral threads of 3% to parliamentary threshold of 2,5% to 4%. Any change in reducing the number of political parties has not reached the desired number based on a simple multiparty system. The peak increase in thresholds compared to previous years occurred in 2019 with a figure increase of 4%. The increase has been controversial among political parties in parliament as well as outside it, who find it difficult to compete in the DPR general election competition. This puts some elements in the political infrastructure at odds with the imposition of a 4% threshold increase that tends to benefit the major parties as well as the political parties in parliament. The formula of the problem in this study, see and study, parliamentary threshold in the prospective of maslahah mursalah, in particular see the dynamics of the imposed Parliamentary threshold from 2009, to the current rules in force, that is, Article 414 of the law No.7. This type of research is libarary research using a normative jurisprudential approach because the focus of the research in this research is the raising of parliamentary threshold with the implementation of Article 414 of the law No.7 of 2017 on General Eections. This research is analytically descriptive and data collection techniques are literally carried out. The results of this study found that by setting the threshold figure in the general legislative elections, in particular from the prospective maslahah mursalah presidency, it has provided a boost in the context of statehood between fulfilling the legal ideals in strengthening the presidential system and giving a sense of justice to the small and new parties. The prospect of the maslahah mursalah has already reflected the values of the maslahah mursalah towards the implementation of Article 414 of the law No.7 of 2017, for the pro can strengthen the presidential system and the counter party can follow the general elections at the regional level to occupy the seats of the DPRD Provincial/District and city.

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