Presidential Threshold Considered Incontinence, This is the Reason


The government and the House of Representatives (DPR) finally endorsed the Law (UU) of Election Operation after months of deliberation and colored the action of leaving the plenary session alias walk out by four factions. A Constitutional Law Expert A Irmanputra Sidin said the Election Law by applying the presidential threshold 20 percent to 25 percent threshold clearly violates the Constitutional Court Decision Number 14 / PUU-XI / 2013 and Article 6A paragraph 2 of the 1945 Constitution which states that Every political party participating in the election is entitled to nominate a presidential candidate pair.

"We were then directly involved in filing a petition for judicial review of the Election Law in the Constitutional Court. So that the election is done simultaneously which finally granted by the Constitutional Court, "he told reporters on Friday (21/7).

Irman explained that the Constitutional Court's decision actually stated that the threshold of presidential nomination for political parties has nothing to do with the strengthening of presidential system. Seen in the implementation of the 2004 and 2009 Presidential Election that to get support for the election of presidential candidates, if elected then the presidential candidate was forced to negotiate and bargain politics or bargaining with political parties first. It is that greatly affect the way the wheels of government in the future.

"Negotiation and bargaining are in fact more tactical and momentary than are strategic and long-term. For example, because the equation of long-term political party struggle. Therefore, the president in fact becomes very dependent on the political parties that can reduce the position of the president in exercising the power of government, "he explained.

Thus, the terms of the threshold of the election which has been decided by the DPR and the government is actually a requirement to take the presidency of the president who in fact weakens presidential power. The actual threshold wants to perpetuate the phenomenon of forced marriage of presidential candidate, considering the right of each political party as the election participant to propose the presidential candidate has been violated. So the choice of the presidential candidate pair will further narrow the buffet menu of each political party.

Moreover, the political parties that get the seat of the House of Representatives in the 2014 election will not necessarily get a seat again in the 2019 election later. Thus, the intention of presidential reinforcement, not linearly occurs in contradiction with itself or contra legem that actually hold hostage and weaken the power of president who has been elected by the people. "Therefore this threshold is unconstitutional," said Irman.

Meanwhile, Gerindra Party will sue the requirements of presidential threshold nomination or presidential threshold in the newly enacted Election Law. These requirements are considered unconstitutional. "Of course, I think the next legal steps will be taken including conducting a judicial review of this Act in the Constitutional Court," said Vice Chairman of Gerindra Party, Fadli Zon at the Parliament Complex, Jakarta, Friday (21/7).

According to him, legal efforts will be done Gerindra refers to the decision of the Constitutional Court to decide on the Legislative Election and Presidential Election held simultaneously starting 2019.

"So there is no presidential threshold," said Fadli who is also deputy chairman of the House of Representatives.

Another Vice Chairman of the House of Representatives, Fahmi Hamzah said that it is natural that some have filed a judicial review of the Election Law passed on Thursday (20/7) last night to the Constitutional Court. The main chapters governing the presidential threshold or pencapresan threshold. Even according to him, the Constitutional Court will grant the suit. "If there is a JR (judicial review) it must happen. I have a feeling that can win, "said Fahri.

According to him, the article regulating the presidential threshold in the Election Law is contradictory to the Constitutional Court Decision Number 14 / PUU-XI / 2013 stating that in the 2019 election the legislative elections (Pileg) and presidential and vice presidential elections are held simultaneously.

Thus, the preshold's application falls on its own accord. "The concept of treshold is contrary to the principle of direct election of the President and Vice President. This is contradictory. The previous elections require that elections will come, as this gives political uncertainty, this leads to uncontrolled political management, "he regrets.

While the President of Indonesia Joko Widodo admitted respecting the decision-making of the Election Operation Act through the Plenary Session of the House of Representatives, which lasted until late at night. "We have great respect for what has been decided, until the night. Yes, we respect, "said President Jokowi after closing Mukernas II PPP in Ancol, Jakarta, Friday (21/7).

Jokowi said Indonesia is a legal country, if there are parties who are not satisfied with all decisions that have been decided in the House then it can take the legal path. "This is a state of law, a democracy. If anyone is not satisfied with the decision that has been decided in Parliament, and want to take the path in the Constitutional Court, yes welcome, there is indeed a mechanism, "said the President.

Previously the Plenary Session of the House of Representatives has decided a number of points in the Election Bill and ratified it into law. One of the points decided in the Election Law is about the 20-25 percent presidential threshold threshold as desired by the government along with six factions namely PDIP, Golkar, Nasdem, Hanura, PKB and PPP. While the other four factions, Gerindra, Democrats, PAN, and PKS do the action out of the conference room or walk out. Post-election law, a number of parties then declared will bring the law to the Constitutional Court for material test. (JPG)

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