ANALISIS YURIDIS PRESIDENTIAL THRESHOLD TERHADAP DEMOKRASI DAN PERSPEKTIF KEDAULATAN RAKYAT DALAM MEMILIH CALON PRESIDEN DAN WAKIL PRESIDEN DI INDONESIA

Indonesia adheres to a democratic system where the highest authority is held by the people, as stated in our constitution in Article 1, paragraph (2) of the Basic Law of the Republic of Indonesia. As mentioned in that article, it emphasizes that sovereignty rests in the hands of the people and must be exercised in accordance with the Basic Law. The people have sovereignty, responsibility, rights, and obligations to democratically choose leaders who will govern and serve all layers of society, as well as to elect representatives to oversee the functioning of the government. In this research, the aim is to examine the existence of the Presidential Threshold from the perspective of sovereignty and its implications for democracy in Indonesia. In this research, it is expected to serve as a reference or contribute to the development in the field of interdisciplinary science. The researcher utilizes normative juridical research with descriptive analysis. Based on the author's analysis of the legal issues focused on in this study, the research results indicate that the implications of the Presidential Threshold or the threshold in the presidential candidacy have become a polemic in Indonesia. This is because it is considered to limit the candidacy of national leaders, as several rights, including those of political parties participating in elections, are hindered by the existence of a threshold that not all parties can meet. Furthermore, the choices available to the people will be increasingly limited because the presence of the Presidential Threshold will reduce the variety of options in the process of electing the President and Vice President, leading to implications for the democratic system that create polarization within society.