RELEVANSI PARLIAMENTARY THRESHOLD TERHADAP PELAKSANAAN PEMILU YANG DEMOKRATIS

Firdaus, Sunny Ummul (2011) RELEVANSI PARLIAMENTARY THRESHOLD TERHADAP PELAKSANAAN PEMILU YANG DEMOKRATIS. Jurnal Konstitusi, 8 (2). pp. 1-19.

[img]
Preview
PDF - Published Version
Download (75Kb) | Preview

    Abstract

    General Election as a means to realize the ideal of democracy doesn’t merely aim to determine who will get the position in the parliament but it must represent the sovereignty of the people. In the 2009 General Election, however, parliamentary threshold was prevailed. This regulation is included on Article 202 Constitution No.10 about General Election stated that political party of General Election participant must fulfill at least 2.5% vote of total legal national vote to be included in the representation determination of the House of Representative. Many Indonesian peoples protested the rule. They did not agree because parliamentary threshold will potentially limit the political right of the people. Besides, the application of parliamentary threshold in bottom level has potential horizontal conflict because if someone becomes an selected candidate but they do not fulfill the parliamentary threshold, they will not get a seat in the parliament. It can be seen from some petitions of judicial review about the rule of parliamentary threshold for the Constitution Court. It can be concluded that the relevance of parliamentary threshold to democratic General Election execution can not be separated from the mechanism and reasons in determining the number in parliamentary threshold rule. Requirement for determining the threshold is not merely based on a reason to strengthen presidential system chosen by the Indonesian people. In this case, the people’s wish should not be represented merely by the parliamentary number having position in the House of Representative. If it is so, it can be a worry that there will be a political interest to strengthen the position of the political party becoming the parliamentary member. keywords: Parliamentary Threshold, General Election, Democratic

    Item Type: Article
    Subjects: J Political Science > JA Political science (General)
    Divisions: Fakultas Hukum
    Depositing User: Arissa Aprilia Nurcahyani
    Date Deposited: 18 Apr 2014 21:39
    Last Modified: 18 Apr 2014 21:39
    URI: https://eprints.uns.ac.id/id/eprint/12045

    Actions (login required)

    View Item