IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 116/PUU- XXI/2023 TERHADAP SISTEM PEMILU DI INDONESIA

Putra Bagus Indra Kusuma, NIM.: 21103040014 (2025) IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 116/PUU- XXI/2023 TERHADAP SISTEM PEMILU DI INDONESIA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The parliamentary threshold in Indonesia has evolved from 2.5% in the 2009 general election to 3.5% in 2014, and 4% in 2019. This provision applies exclusively to the national House of Representatives (DPR), while provincial and local legislative councils remain unaffected. The primary objective of the threshold is to simplify the party system and strengthen governance. However, Constitutional Court Decision Number 116/PUU-XXI/2023 found that the 4% threshold is inconsistent with the principles of popular sovereignty and electoral justice. The ruling maintains the regulation for the 2024 election but makes its future application conditional starting from the 2029 election. This has sparked debate regarding the fairness and objectivity of Indonesia’s electoral system, particularly in relation to the representation of smaller parties. This research is a normative juridical study employing a qualitative approach. It aims to examine statutory regulations and Constitutional Court rulings systematically within the context of the electoral system, with a focus on the parliamentary threshold. The data were analyzed using descriptive-analytical methods, supported by literature research that draws upon primary, secondary, and tertiary legal sources. The findings indicate that the Constitutional Court has the authority to review legislation against the 1945 Constitution through final and binding decisions. In Decision Number 116/PUU-XXI/2023, the Court found that the 4% threshold undermines voters' representational rights and electoral proportionality. Petitioners argued that the rule disadvantages smaller parties. While the Court upheld the threshold for the 2024 election to ensure legal certainty, it recommended evaluation for 2029 to support a more democratic process. Many countries apply lower thresholds to minimize wasted votes. Therefore, revising the regulation is essential for inclusive and fair elections. Nevertheless, increasing the number of parties may lead to parliamentary fragmentation and complicate coalition formation. Balancing policies, such as lowering the threshold or reinforcing coalition mechanisms, are needed to ensure political stability and effective governance.

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