HAK KONSTITUSIONAL PENGUSULAN PASANGAN CALON PRESIDEN DAN WAKIL PRESIDEN DALAM SISTEM PEMILIHAN UMUM DI INDONESIA

Abstract

Political parties in the constitution of the Republic of Indonesia and the law have constitutional
rights to propose candidates for President and Deputy President. The current electoral system
requires that before nominating the President and Vice President, political parties must have 20
percent of the vote in the legislature / DPR or obtain 25 percent of the national legitimate votes in
the previous general election. With the implementation of this system, not all political parties can
propose candidates for President and Vice President candidates. Then what is the fate of the party
that does not achieve this provision even the new party which is also the first time participating in
the general election. With the application of the nomination threshold in the electoral system in
Indonesia, it will certainly restrict or limit the constitutional rights of political parties that do not
meet the desired conditions of the threshold