ANALISIS YURIDIS PRESIDENTIAL THRESHOLD PADA PEMILIHAN PRESIDEN DAN WAKIL PRESIDEN DALAM PERSPEKTIF PRINSIP KEDAULATAN RAKYAT

Anjari, Wita Devi (2024) ANALISIS YURIDIS PRESIDENTIAL THRESHOLD PADA PEMILIHAN PRESIDEN DAN WAKIL PRESIDEN DALAM PERSPEKTIF PRINSIP KEDAULATAN RAKYAT. Undergraduate thesis, Universitas Muhammadiyah Malang.

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Abstract

General elections are a consequence of a democratic country as regulated in Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. The principle of a democratic country has been built and developed according to the principle of popular sovereignty. This principle gives birth to democratic elections. However, in the election of President and Vice President there is a Presidential threshold or The threshold for candidacy for President and Vice President which has been regulated in Article 222 of Law Number 7 of 2017 concerning General Elections has stipulated that the requirement of 20% of DPR seats and 25% of valid votes nationally has triggered many pros and cons. The author formulates two problem formulations. First, what is the presidential threshold in the election of President and Vice President in positive law in Indonesia. Second, Implications of Presidential Threshold Law in the Election of President and Vice President from the Perspective of the Principle of Popular Sovereignty. The author uses normative juridical research methods to describe the Presidential threshold, Indonesia is a democratic country and has declared itself as a people's sovereign country as written in Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Based on this, the author uses the principle of popular sovereignty as an analysis tool for the application of the Presidential threshold in Indonesia. In the results of the discussion, the author concludes that existence of the threshold for nominations for President and Vice President is contrary to positive law in Indonesia, which is constitutional, namely that it is not regulated and does not explain the threshold. The author concludes that the existence of a threshold for nominations for President and Vice President is not in line with the principle of popular sovereignty and the people's right to have many alternative candidates for President and Vice President is lost. The author suggests that the threshold for nominations for President and Deputy President as regulated in Article 222 of Law Number 7 of 2017 concerning General Elections be abolished as a form of strengthening democracy.

Item Type: Thesis (Undergraduate)
Student ID: 201710110311456
Keywords: Presidential threshold, general election, popular sovereignty
Subjects: K Law > K Law (General)
K Law > KD England and Wales
K Law > KF United States Federal Law
K Law > KZ Law of Nations
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: 201710110311456 deviaanjari9gmailcom
Date Deposited: 19 Aug 2024 03:42
Last Modified: 19 Aug 2024 03:42
URI: https://eprints.umm.ac.id/id/eprint/10589

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