Implication of Thr Presidential Threhold and Cover

Nugroho, Rahmat Muhajir Implication of Thr Presidential Threhold and Cover. In: Proceedings of Bencoolen International Conference on Law Studies, 28 Oktober 2021, Bengkulu.

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The candidacy threshold of President and Vice President in Act Number 7 the Year 2017
concerning Elections causes the Political Party of Elections Participants unable to submit the
President and Vice President candidates independently and the recent political parties that
participated in 2019 elections. Political Parties have lost their constitutional rights as they
cannot propose the candidates of President and Vice President. It is required to find an
alternative mechanism of President and Vice President candidacy which grants more protection
to the Political Parties' constitutional rights and achieves the essence of people's sovereignty.
Article 222 of Act Number 7 the Year 2017 requires the Political Party to have a minimum of
20% seats in the House of Representatives or a minimum of 25% votes of the previous
legislative election to submit presidential candidacy. Meanwhile, article 6A section (2) of the
1945 Indonesian Constitution does not govern regarding President and Vice President
candidacy; thus, article 222 of Act Number 7 the Year 2017 contradicts the Constitution. The
provision in the Elections Act has several implications, among others, limiting the freedom of
political parties to submit president candidate, causing discrimination, injustice, and a material
loss to the new political party. Moreover, the threshold is not in accordance with the essence of
people's sovereignty as granted in the Constitution.

Item Type: Conference or Workshop Item (Paper)
Subjects: K Law > K Law (General)
Divisi / Prodi: Faculty of Law (Fakultas Hukum) > S1-Law Science (S1-Hukum)
Depositing User: S.H.,M.H Rahmat Muhajir Nugroho
Date Deposited: 09 Nov 2023 01:32
Last Modified: 09 Nov 2023 01:32

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