Suchergebnisse

Since 2004, Indonesia has held 5-yearly national elections for the positions of president and vice president. This has been a promising step forward in a maturing democracy. However, a restriction was imposed that nomination of presidential candidates can only be made made by political parties with parliamentary representation above some minimum level—the "minimum threshold". That threshold is relatively high, meaning that since 2009, there has only ever been two candidates for president in the elections, each backed by coalitions led by the dominant establishment parties. This paper discusses the workings of the minimum threshold and argues that it undermines democratic principles, having the effect of preserving and strengthening the power of the strongest political parties at the expense of new or emerging voices. We also propose an alternative approach that delivers the desired broader democratic voice.

The 2019 presidential and vice-presidential elections in Indonesia had complicated issues, including broken ballots, multiple voter lists, persons not registered as permanent voters, political money, transparency, administrative violations, electoral penalties and high white numbers. These problems indicate that the values of good governance have not been implemented in the election process. This paper uses the normative method to analyse the issues and laws, particularly when related to aspects of law enforcement and administrative law in good governance. This paper aims to formulate a method for implementing good governance in the election process. The results of the analysis show that electoral justice is very important in Indonesian presidential elections. However, the Indonesian presidential election system does not use good governance and does not support electoral justice. The results of previous elections in Indonesia showed that the values of good governance have not been well implemented in all stages of the election, especially regarding legal principles. This research proposes a good governance system to implement in the Indonesia presidential election process.

AbstractThe practice of presidential nomination by using a threshold through political parties or coalitions of political parties in Indonesia is still carried out because Indonesia adheres to a multi-party system. However, the regulation regarding the threshold for presidential nomination is prone to political transactions between parties. The reason is that there is no equality of access to presidential nominations between new political parties and old political parties considering that political parties are a defining element of representative democracy (Political parties are a defining element of representative democracy), this practice threatens the rights of minority political parties and limits the emergence of presidential candidates. The threshold in the nomination of President based on the decision of the Constitutional Court of the Republic of Indonesia Number 74/PUU/XVII/2020 regarding the review of Law Number 7 of 2017 concerning Elections is referred to as an open legal policy which is the authority of the House of Representatives in forming the Law on Elections. This study aims to evaluate the application of the threshold in the nomination of President with the principle of justice. This research is a doctrinal research using a case approach and a law approach. This study was conducted by looking at the development of the application of thresholds in elections and the provisions stipulated in the Election Law. The results of the study indicate that it is necessary to establish an ideal implementation model based on the principle of justice in order to guarantee the rights of minority political parties and avoid the emergence of a single presidential candidate.Keywords: Political Cartel; President Threshold; Single Candidate.