Logical Fallacy Decision the Indonesian Constitutional Court Confirmed Status Quo through Presidential Threshold 2019
- DOI
- 10.2991/icils-18.2018.41How to use a DOI?
- Keywords
- General Election; Presidential Threshold; Opened Legal Policy
- Abstract
Indonesia is a country that embraces the democratic system that kind of its implementation is realized in organization of a general elections every five years. In welcoming the simultaneously general elections in 2019, Lawmakers validate Law No. 7 Year 2017 on The Simultaneously Executive and Legislative General Election which create a space of debating because it is colored by Presidential Threshold at least 20% of parliamentary seats for a party participant or coalition of the political parties who propose candidates of head of executive through independent channels or the coalition lines. The legitimacy of enforcement law of Presidential Threshold is further strengthened by the Constitutional Court Decision through the mechanism of judicial review and interpreting it as an opened legal policy of the legislator. Based on the foothold, the writer conducts a legal research with legal, conceptual and political reality approaches to the validity of Presidential Threshold in the 2019 simultaneous general elections. The result of this research that the implementation of Presidential Threshold is unconstitutional and no logical to apply when the executive and legislative election are held in at the same time because it will be removed itself due to a simultaneous action and create injustice to the political parties who have passed the election but cannot nominate the independent candidates.
- Copyright
- © 2018, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Zulfikar Ardiwardana Wanda PY - 2018/07 DA - 2018/07 TI - Logical Fallacy Decision the Indonesian Constitutional Court Confirmed Status Quo through Presidential Threshold 2019 BT - Proceedings of the 1st International Conference on Indonesian Legal Studies (ICILS 2018) PB - Atlantis Press SP - 214 EP - 220 SN - 2352-5398 UR - https://doi.org/10.2991/icils-18.2018.41 DO - 10.2991/icils-18.2018.41 ID - ArdiwardanaWanda2018/07 ER -