ANALISIS PUTUSAN MAHKAMAH KONSTITUSI TERHADAP UJI MATERI PRESIDENTIAL THRESHOLD: IMPLIKASI TERHADAP DEMOKRASI DI INDONESIA

Abstract

This article analyzes the decision of the Constitutional Court (MK) regarding the judicial review of the presidential threshold provision in Article 222 of Law No. 7/2017 on General Elections in Indonesia and its impact on democracy. The presidential threshold stipulates that only political parties or coalitions that have at least 20% of the seats in the House of Representatives or 25% of the national valid votes can nominate candidates for president and vice president. The Constitutional Court rejected all requests for judicial review on the grounds that this provision is important to maintain political stability and strengthen the presidential system. However, this provision has been criticized for reducing the political participation of small parties and limiting the choice of candidates for the public. This study shows that the implementation of the presidential threshold can reduce the quality of democracy and encourage the formation of political oligarchies. A re-evaluation of this provision is recommended to support a more inclusive democratic system in Indonesia