RETHINKING KETENTUAN PERSENTASE SEBAGAI SYARAT PENCALONAN PRESIDEN DAN WAKIL PRESIDEN DI INDONESIA
Abstract: Percentage
provisions have a substantial part in the electoral law reform, especially for
mathematical formulation. This research, that uses normative legal research
method, showed that a legitimacy of percentage provision for candidacy
requirement in President and Vice President Election is based on the legal
authority of The House of Representatives. The 1945 Constitution of the
Republic of Indonesia and most constitutions of other countries are not setting
up a rigid formal requirement, like a minimum percentage, for presidential
candidacy. A legal term has an important position in the making of law. A
convention that uses “presidential threshold” as a term should be justified
within a legal theoritical framework. Meanwhile, the perpetual discussion to create
presidential system of government can works effectively, with a good support
from the House of Representative, has always been a spirit but also a debatable
material in every political acts in Indonesia. Legal formulation that used in
Law No. 42-2008 must be viewed comprehensive so that justice and fairness in
this political institutionalization process can be realized.
Keywords: Percentage
provision, Presidential Election, Presidential Threshold, Presidential System
of Government
Penulis: I GUSTI NGURAH AGUNG
SAYOGA RADITYA
Kode Jurnal: jphukumdd130075
