Implementation of the Parliamentary Threshold System in Indonesian Constitution, which Connect with Democratic Theory

DOI

10.2991/978-2-38476-218-7_84How to use a DOI?

Keywords

Threshold; Parliamentary Institutions; Democratic Theory

Abstract

The parliamentary institution is a representative institution that has duties in the field of legislation. As a representative institution, parliament is a means of implementing people's sovereignty which has been implemented through democratic mechanisms. Democracy is a form of government in which power in the country is fully vested in the people. In the practice of countries, there are countries that make the parliamentary institution completely occupied by representatives through the freest possible general election mechanism, but there are those that, for reasons of being effective and efficient, apply parliamentary thresholds for participation in the parliamentary institution. Indonesia, in carrying out general elections in the post-reform period, has implemented a PTH of 2.5%, for example, which is stated in Law no. 10/2008 concerning General Elections of Legislative Members. And finally it rose to 4% in accordance with Law No.1/2022 concerning General Elections for Legislative Members. Even though a judicial review of the general election law has been carried out at the MK over objections from various components of society, its decision is in accordance with decision no. 3/PUUVII//2009, the MK stated that the application of the PTH did not conflict with the Constitution. The research method uses a socio-legal approach with a qualitative research model.. The qualitative research model is an approach in conducting research that is oriented towards natural phenomena or symptoms. The results of this research, the application of PTH in placing people's representation in parliament, very inconsistent with democratic theory.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Yoyon Mulyana Darusman
AU  - Elmer Micu Soriano
AU  - Apep Fajar Kurniawan
PY  - 2024
DA  - 2024/02/22
TI  - Implementation of the Parliamentary Threshold System in Indonesian Constitution, which Connect with Democratic Theory
BT  - Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
PB  - Atlantis Press
SP  - 506
EP  - 512
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-218-7_84
DO  - 10.2991/978-2-38476-218-7_84
ID  - Darusman2024
ER  -