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PROBLEMATIKA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 62/PUU- XXII/2024 TENTANG PENGHAPUSAN PRESIDENTIAL THRESHOLD DI INDONESIA
This study explores issues surrounding the Mahkamah Konstitusi Decision Number 62/PUU-XXII/2024 regarding the abolishment of the presidential threshold on the development of democracy in Indonesia, analyzed through the perspective of Siyāsah Dustūriyyah. The decision eliminates the vote threshold for presidential candidates, thereby providing broader opportunities for political parties to nominate candidates, which has the potential to strengthen or reshape the dynamics of national democracy. The objective of the study is to analyze how this change affects political contestation and public participation, as well as its alignment with the principles of justice ('adl), public interest (maslahah), and deliberation (shura). This research is qualitative in nature, employing a normative-juridical method, with the Constitutional Court’s ruling as the main source. This approach is combined with Robert Dahl’s democratic theory, which emphasizes contestation and competition within a democratic system, and Imam Al-Mawardi’s concept of siyasah, which emphasizes justice, public interest, and deliberation as foundational principles of state governance. The research findings indicate that the issues related to this decision influence political contestation and participation by opening space for more candidates, thereby enriching pluralism. However, this also alters the mechanisms of future elections, such as the urgency to promptly revise the Election Law while still upholding principles that promote justice, public welfare, and deliberation.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 23203012031 Maris Zayyanurroihan S.H
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