Fahrial Ramzy, . (2025) AMBANG BATAS CALON PRESIDEN DALAM PERSPEKTIF KONSTITUSI DAN HAM. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
Presidential Threshold (PT) is a provision that requires a political party or a coalition of political parties to obtain a certain percentage of votes in the Legislative Elections in order to nominate a President and Vice President pair. This provision has drawn controversy because it is considered to limit the rights of small political parties and contradict the principles of democracy and the provisions of the Indonesian constitution. This study aims to analyze the compatibility of the Presidential Threshold with the 1945 Constitution and the principles of human rights stipulated in Law Number 39 of 1999 as well as international instruments, including the International Covenant on Civil and Political Rights (ICCPR). This research uses normative juridical method with legislative and conceptual approaches. Data were obtained through literature study and analyzed qualitatively. The results show that the Presidential Threshold is contrary to Article 6A paragraphs (1) and (2) of the 1945 Constitution which guarantees the right of every political party to propose candidate pairs without additional restrictions. In addition, this provision also violates the principles of equality and nondiscrimination in political rights as guaranteed by Articles 27 and 28D of the 1945 Constitution, as well as Article 43 of the ICCPR. This research concludes that the Presidential Threshold not only violates the 1945 Constitution but also violates universally recognized human rights principles. Therefore, a thorough evaluation of this policy is needed to ensure the creation of an inclusive and fair democracy in Indonesia.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Additional Information: | [No.Panggil: 1910611099] [Pembimbing: Taufiqqurahman Syahuri] [Penguji 1: Wicipto Setiadi] [Penguji 2: Syamsul Hadi] |
| Uncontrolled Keywords: | Presidential Threshold, Human Rights, General Election |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | FAHRIAL RAMZY |
| Date Deposited: | 13 Feb 2025 07:05 |
| Last Modified: | 13 Feb 2025 07:05 |
| URI: | http://repository.upnvj.ac.id/id/eprint/35964 |
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