Konflik Norma dalam Putusan Mahkamah Konstitusi mengenai Ketentuan Presidential Threshold di Indonesia

Abstract

In Article 222 of Law Number 7 of 2017 concerning General Elections, it has caused problems because it has set the threshold for nomination of the president and his deputy. In the enactment of the law, an application for judicial review has been submitted to the Constitutional Court. But in its ruling, the Constitutional Court rejected the application. The Court considered that Article 222 is constitutional and the threshold is not a discriminatory Article, as it does not have the potential to eliminate alternative presidential candidates. However, this article argues that the candidacy for the president and his deputy will be done by the same person. This research uses normative juridical research methods with a focus on the study of the existence of Norm Conflicts between Constitutional Court Decision Number 54 / PUUXVI / 2018 concerning the testing of Law Number 7 of 2017 concerning General Elections against the 1945 Constitution of the Republic of Indonesia. In addition, this article also gives the opinion that attempts to increase participation and qualities its leader has to call themselves (the right to be candidate) have been limited by the presidential threshold regulation. This is because this provision has injured the meaning of citizen’s freedom to be used by people and as the state guarantee by the constitution. This article suggests that the application of the presidential threshold should be abolished, because it is not in accordance with the presidential system in Indonesia.