SIYASAH DUSTURIYYAH DAN ELECTORAL JUSTICE DALAM PRESIDENTIAL THRESHOLD PADA UU NO. 7 TAHUN 2017 TENTANG PEMILIHAN UMUM

Zahrum N, S.H., NIM.: 21203012037 (2023) SIYASAH DUSTURIYYAH DAN ELECTORAL JUSTICE DALAM PRESIDENTIAL THRESHOLD PADA UU NO. 7 TAHUN 2017 TENTANG PEMILIHAN UMUM. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The application of the presidential threshold of 20-25% as stated in the regulations in article 222 of Law Number 7 of 2017 concerning General Elections in nominating a President and Vice President by political parties is now reaping pros and cons. Some pro parties think that the implementation of the presidential threshold is a form of support from parliament for the elected President and Vice President, so that they will easily carry out the work program they have planned. However, those who oppose the presidential threshold think that this regulation unilaterally limits the rights of minority political parties to nominate their President and Vice President to participate in election contests. So based on this, the author is interested in studying the presidential threshold using 2 perspectives, namely the view of siyasah dusturiyyah and the principle of electoral justice regarding the holding of the election of President and Vice President in Indonesia. This type of research is library research with the nature of descriptive analytical research using a normative juridical approach. The primary legal material used is Law Number 7 of 2017 concerning General Elections, and the secondary legal material used is in the form of books, journals or other scientific papers that can provide an explanation of the primary legal material. The research data analysis technique uses content analysis techniques using the siyasah dusturiyyah theory and the theory of justice as support for the concept of electoral justice to answer the problems in the research. The research results show that the presidential threshold provisions, if viewed from the perspective of siyasah dusturiyyah, are in harmony with aspects of constitutionality and legislation. However, from the deliberation aspect it was slightly hurt, because the ratification process used a voting system which had implications for the ummah aspect not being visible in its actualization. As a result, political parties which are still relatively small cannot nominate President and Vice President independently. From an electoral justice perspective, the existence of a presidential threshold is not in line with the principles of the rules of the game in holding fair general elections. Because an election can be said to be fair if the principle of equal freedom and the principle of fair equality of opportunity can be fulfilled. The principle of equality in question is to include equal rights to take part in running for election as President and Vice President.

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