KONFIGURASI POLITIK PENERAPAN PRESIDENTIAL THRESHOLD DALAM SISTEM PRESIDENSIAL DI INDONESIA

Bagas Pribadi, S.H., NIM.: 21203011021 (2023) KONFIGURASI POLITIK PENERAPAN PRESIDENTIAL THRESHOLD DALAM SISTEM PRESIDENSIAL DI INDONESIA. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In the practice of the presidential system, the president is the highest organizer of state government. In addition, the design of the 1945 NRI Constitution starting from Article 3 Paragraph (2) and Article 4 paragraph (1) and Paragraph (2) connotes that the president is not accountable to the DPR. Indirectly it shows that our presidential system does not depend on the political configuration and its wedge with Parliament because the design of the Constitution has established and separated the chambers of power clearly and firmly. The application of the presidential threshold makes the position and authority of government exercised by the president as head of government and head of state dependent and affected by the political influence of political parties in Parliament. Based on this, the author is interested in studying related to how the presidential system practices in Indonesia, the political configuration on the presidential threshold and how the attitude of Islamic political parties on the implementation of the presidential threshold. This type of research is Library research with descriptive research nature of da analysis using empirical normative approach. The Data in this study are priemer data in the form of interviews and secondary data consisting of primary legal material in the form of rules governing the presidential election threshold, and secondary legal material in the form of books, journals, or scientific papers that can provide an explanation of the object of this study. The technique in this research is qualitative analysis using the theory of separation of powers and political configuration to answer the problems in this research. The results of this study are the first, the practice of the presidential system in Indonesia shows a lot of dynamics that occur, ranging from the era of the old order, the new order to the era of reform. The four amendments made the presidential system slightly better than before, but still did not make it a full presidential system. Second, in the political configuration of the election law, especially the discussion related to the presidential threshold, shows that in it there is a political configuration that is full of the interests of each party, so that the configuration on the application of the 20% presidential threshold is an authoritarian political configuration and resulted in the birth of a conservative legal product, which has an impact on the course of the government system especially in electoral affairs and also the power relationship between the legislative and executive. And from the perspective of Syar'iyyah law, the government has not fully understood the principles of establishing law as the basis for Siyāsah Tasyrī‟iyyah.

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