AMBANG BATAS DALAM PEMILIHAN UMUM PRESIDEN 2019 PERSPEKTIF PRESIDENSIALISME DAN MASLAHAH MURSALAH

Moh.Ridhwan, NIM.: 15370057 (2022) AMBANG BATAS DALAM PEMILIHAN UMUM PRESIDEN 2019 PERSPEKTIF PRESIDENSIALISME DAN MASLAHAH MURSALAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Indonesia's presidential election is very dynamic. However, changes to the presidential and vice presidential election system still feel flawed for some people. Especially after the implementation of the Presidential threshold system, or the requirements of the Presidential and Vice-Presidential Candidates, which are regulated in Law Number 7 of 2017 concerning General Elections which stipulates the threshold for the President. However, the threshold here is considered by some to be full of political interests, because the presidential threshold only includes political elites who only prioritize group interests. Therefore, if this happens, the interests of the Indonesian people (maslahah) and the public interest (public goods) will be ignored. This study aims to clarify how the views of Maslaha Mursala and Presidentialism are applied as a theoretical framework for setting thresholds. The research method used is descriptive analysis, and the approach used is a legal, historical, and political approach through studies and current political developments. The theory used in considering this problem uses presidentialism system theory and Maslaha Mursala's view. The results of this study indicate that there are two ways to set the presidential election threshold in Indonesia: First, simultaneous general elections are one way to further develop the concept of Indonesian democracy. Second, the threshold system in the study of maslahah mursalah requires legal provisions that are used for the benefit of the people, not only for the interests of certain elites. Elected parties can nominate their own presidential candidates. Third, strong public pressure is needed on political parties, and Article 222 of Law no. 7 of 2017 needs to be revised and reviewed so that its implementation is in accordance with democratic principles.

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