Proceedings of the 1st International Conference on Indonesian Legal Studies (ICILS 2018)

Logical Fallacy Decision the Indonesian Constitutional Court Confirmed Status Quo through Presidential Threshold 2019

Authors
Zulfikar Ardiwardana Wanda
Corresponding Author
Zulfikar Ardiwardana Wanda
Available Online July 2018.
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/).

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Volume Title
Proceedings of the 1st International Conference on Indonesian Legal Studies (ICILS 2018)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
July 2018
ISBN
10.2991/icils-18.2018.41
ISSN
2352-5398
DOI
10.2991/icils-18.2018.41How to use a DOI?
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  -