Politik Hukum Presidential Threshold Dalam Undang-Undang Nomor 7 Tahun 2017 Tentang Pemilihan Umum

Abstract

The issue of the presidential and vice presidential candidacy threshold requirements in Indonesia continues to be debated, especially regarding the constitutionality of these requirements. The purposes of this study are 1) to find out what is legal politics in Law Number 7 of 2017 concerning General Elections which requires Prensidential Threshold in the nomination of President and Vice President; 2) to find out whether the Presidential Threshold still needs to be applied in the nomination of President and Vice President in the future. This research is a normative legal research, the research approach uses a statutory approach and a historical approach. The research data sources use primary and secondary legal materials. Analysis of the data used is quantitative. The results of this study conclude that 1) what is legal politics in Law Number 7 of 2017 concerning General Elections which requires a Presidential Threshold in the nomination of President and Vice President is that the nomination threshold is classified in an open legal policy (open legal policy). the policy regarding the presidential threshold is the authority of the legislators; 2) the presidential threshold is still necessary or relevant to be applied in the nomination of President and Vice-president, however, it is necessary to reduce the threshold from the presidential threshold itself so as to allow for alternative candidate pairs that can be carried by parties that have minority votes, so that they are not impressed that the presidential threshold is an attempt to remove potential opponents for a candidate from a party or coalition of political parties that has a majority vote