The Constitutional Problem of the Presidential Threshold in the General Election System of Indonesia

Abstract

The presidential succesion is an important political event to circulate the most top political leader with multiplication impacts in governing a state. For this reason, the presidential election, of course, would attract a vast attention from every element of people of Indonesia, particularly the politicians and the political observers. The presidential election to seek the right man or woman for presidency office by conducting a general election based on a just legal basis and conducted according to rule of laws and democratic principles. Nevertheless, the practical problems may emerge from the certain provision of laws and their implementation since there are various opinions and interests those cause pro-and-contra and could lead to legal actions, such as claim for constitutional review to the court. The problem which was brought before the Constitutional Court (Mahkamah Konstitusi, MK) to get the provision of the presidential threshold in the Act on The General Election (Act No. 7 of 2017) reviewed because it is contrary to the Constitution of the Republic of Indonesia of 1945 (UUD 1945). Besides, the problem also related to multiplication of the presidential threshold for the process of political democratization, particularly for the presidency office circulations. A number of petitions before the Constitutional Court and various critics with oponions in the public spheres, including social media show that the provision of the presidential threshold in the Act on General Election has no clear delegation from the Constitution of 1945. Hence, this controversial provision has no strong legitimation. All political parties in DPR are recommended to allow the political experts in further discussions those to come to a new consensus with new visions of the provision of presidential threshold that does not tend to political oligarchy and dynasty.