ANALISIS TERHADAP UNDANG-UNDANG NOMOR 7 TAHUN 2017 TERKAIT DENGAN PENERAPAN PRESIDENTIAL THRESHOLD MENGENAI PEMILIHAN PRESIDEN DAN WAKIL PRESIDEN DALAM PEMILU SERENTAK

Abstract

This research describes and examines the problems, first, whether the presidential threshold stipulated in Law Number 7 of 2017 (Election Law) can be coherent if it is applied with the principles in the presidential system. Second, knowing how the effectiveness of the implementation of the presidential threshold in the presidential and vice presidential elections in simultaneous elections in strengthening the presidential government system adopted in Indonesia. This research is a prescriptive normative legal research. The types of data obtained are primary, secondary and tertiary legal materials. The data collection technique used is literature study. The technical analysis carried out is deductive with the syllogistic method. The results of the study indicate that the presidential threshold rule is not relevant to simultaneous elections because the presidential threshold should not be used as a nomination requirement but instead used as a requirement for the electability of presidential and vice presidential candidates. The Presidential Threshold is not in accordance with the direction of the spirit of strengthening the presidential system because it limits basic human rights to nominate presidential and vice presidential candidate pairs. In this case it is necessary to make changes in the politics of law that hold the direction of policy, so legislators should reconstruct the contents of the current Election Law.