Ahmad Reihan Thoriq, . (2026) REKAYASA KONSTITUSIONAL PENGATURAN PENCALONAN PRESIDEN PASCA PENGHAPUSAN PRESIDENTIAL THRESHOLD UNTUK MENGATASI FRAGMENTASI DAN DOMINASI KANDIDAT. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
The Constitutional Court, pursuant to Article 24C of the 1945 Constitution of the Republic of Indonesia, is vested with the authority to review statutes against the Constitution. In practice, for many years the Constitutional Court regarded the regulation of the presidential and vice- presidential nomination threshold (presidential threshold) as an open legal policy within the discretion of the legislature. This view was reflected in 33 Constitutional Court decisions that consistently affirmed the presidential threshold as a matter of legislative policy. However, through Constitutional Court Decision Number 62/PUU-XXII/2024, the Court fundamentally altered its position by declaring the presidential threshold provision in Article 222 of Law Number 7 of 2017 on General Elections unconstitutional and devoid of binding legal force. This shift raises questions regarding the constitutional reasoning underlying the Court’s change in stance. This research aims to analyze the dynamics of presidential threshold regulation, the constitutional basis for the nomination of the President and Vice President, and the considerations of the Constitutional Court in Decision Number 62/PUU-XXII/2024, including the Court’s directive to the legislature to undertake constitutional engineering. The research employs a normative juridical method with statutory, historical, conceptual, and comparative approaches. The findings indicate that the Constitutional Court’s change in position was based on its assessment that the presidential threshold regulation had exceeded the limits of open legal policy, as it lacked rational justification, produced intolerable injustice, and conflicted with the principles of the presidential system and the constitutional rights of political parties participating in elections. This research further concludes that post–Decision Number 62/PUU-XXII/2024, constitutional engineering should be directed toward preventing the dominance of nomination coalitions through the regulation of a proportional maximum coalition threshold, in order to ensure broader choices of presidential and vice- presidential candidates for voters.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Additional Information: | [No. Panggil : 2210611197] [Pembimbing : Ali Imran Nasution] [Ketua Penguji : Muhammad Helmi Fahrozi] [Penguji 1 : Elkristi Ferdinan Manuel] {Penguji 2 : Ali Imran Nasution] |
| Uncontrolled Keywords: | Constitutional Court, Presidential Threshold, Constitutional Engineering |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | AHMAD REIHAN THORIQ |
| Date Deposited: | 06 Apr 2026 03:03 |
| Last Modified: | 06 Apr 2026 03:39 |
| URI: | http://repository.upnvj.ac.id/id/eprint/49871 |
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