The Constitutional Politics: The Regulatory Dynamics of Presidential Threshold After the Decision of Law No. 49/PUU-XVI/2018 by The Constitutional Courts

Abstract

Theoretically, there are regulatory dynamics that can be identified, namely: first, the urgency of applying the 20% presidential threshold to the 2019 presidential and vice presidential election; and second, is the implication of regulations on political parties in proposing candidates for president and vice president who do not get 20% of seats in the DPR based on the results of the 2014 general election. The constitutional dynamics that developed in setting the threshold of 20% in the 2019 presidential and vice presidential elections were first, the determination of the 20% threshold in the 2019 presidential and vice presidential election was the mandate of the legislation and the Constitutional Court's ruling. In addition, to strengthen the presidential system. Second, the 20% threshold requirement in the 2019 presidential and vice presidential nomination is contrary to the 1945 Constitution and is considered threatening to electoral democracy and the existence of political parties.