THRESHOLD PRESIDENTIAL RELEVANCE 2019
Miriam Budiardjo in his book entitled “Basics of Political Science” states that politics is an effort to achieve a better life. Politics in a country is related to the problem of power (power), decision making (decision making), public policy (public policy), and allocation or distribution (allocation or distribution). There is no denying that in its implementation, political activities also include negative aspects. This is because politics reflects human nature, both good instincts and bad instincts. It is not surprising that in everyday reality it often faces many disrespectful activities, or as Peter Merkl formulated that Politics in its worst form, is the struggle for power, position and wealth for its own sake.
In politics, the General Election (Election) is the most basic form of manifestation in the life of democracy. Where democracy that was born from the current reforms has made Indonesia a country with a multi-party system that has caused the voices of the people to be divided. Even though through elections, the people can channel their voices and be involved in the process of transitioning the nation’s leadership. Then elections must be carried out accountably and place the people appropriately above political or group interests.
In this perspective the author highlights the relevance of the imposition of thresholds in the nomination of presidential and vice-presidential pairs or commonly called the Presidential Treshold. Article 9 of Law No. 42 of 2008 concerning General Elections The President and Vice President stipulates that candidate pairs are proposed by political parties or a combination of political parties participating in elections that meet seat acquisition at least 20% of the total DPR seats or obtain 25% of nationally valid votes in elections Previous DPR. This rule has been in effect since the 2004 Election and has consistently been implemented until now, but it is still a polemic in various law and constitutional observers in Indonesia. The author will present juridical, philosophical, sociological analysis and their relevance to the relevance of Presidential Threshold in the presidential and vice presidential election system in Indonesia.
Juridically, the enforcement of the Presidential Threshold is not in line with Article 6A paragraph (2) of the 1945 Constitution of the Republic of Indonesia which states: “The pairs of candidates for president and vice president are proposed by political parties participating in general elections before the general election.” Grammatical and textual interpretations of this article describe that each political party participating in the election has the right to submit a pair of presidential and vice-presidential candidates and not to give exceptions, let alone limit the political parties participating in the election to nominate the pair of president and vice president. With the enactment of the presidential and vice presidential nomination threshold, it means that the law restricts a person’s right to be elected and advanced in the nomination of president and vice president because it stagnates to reach a percentage of at least 20% of the number of seats in the DPR. Even though the fact shows that reaching 20% is not an easy matter, even some large political parties must first coalition with each other to reach the 20% figure.
The enactment of the Presidential Threshold can castrate political rights (the right to be elected and elected) to get the best president and vice president because they are constrained by the threshold. The philosophy of general elections involves the right to be elected and elected in accordance with the essence of a democratic state. Save the author, the right to vote is directly proportional to the right to be elected, meaning that voters must choose candidates who are indeed provided by a system that is constitutional and does not follow the tastes of oligarchic politics. The right of voters is to get access to many alternative candidates for president and vice president according to the constitution.
Implicitly, the limitation of candidates means limiting the political channels of voters and in a certain degree encourages voters to turn out in the form of abstention, because the best candidates according to them cannot be the real pair of candidates for president and vice president due to these restrictions. On the contrary, the elimination of Presidential Threshold means opening up the people’s political channels and to a certain degree increasing voter participation because of the attractiveness of the vice-presidential candidates with more alternative choices.
The presence of the Presidential Threshold has the potential to disrupt and hamper the performance of the elected president and disrupt the running of the wheels of government. The imposition of this threshold “forces” political parties to form coalitions, because it is believed that there will be no political party capable of gaining a majority vote to fulfill seats at least 20% of the total DPR seats or obtain 25% of the national vote in the previous DPR elections.
The support of political parties to candidate pairs is certainly not free, there must be a reciprocal relationship behind it all. Supporting political parties inevitably ask for the maximum compensation for their votes, eventually attracting political-economic interests with parties supporting the names of presidential and vice-presidential candidates. With this compromise the president has castrated his own prerogatives long before he pledged his oath and promise of office. In recruiting ministers, for example, the president can no longer fully exercise the rights granted by the constitution, because he must weigh “articles of prenuptial agreement” with his supporting political parties. As a result, the factor of professionalism was displaced by pragmatic political interests. So that the independence of the president and vice president is questionable.
Worried that the elected president was impressed that he no longer had complete control over his helpers. even though the irregularities were widely reported, but because of the “premarital agreement” that had been signed, the president could not take action against his “serviced” minister. So that the Presidential Threshold, can indirectly backfire for the elected president.
In addition, with a system of elections like this, there will not be a state leader from statesmen. Conversely, there are only state leaders from among politicians. Even though a statesman is very much needed, it is difficult to find in the reform era and in the midst of a growing buzz of democracy. An independent presidential candidate could be an oasis, but the political system in this country has not yet been desired and is ready to face the oasis.
It is feared that the application of the Presidential Threshold is the political game of the major parties in making evil conspiracies to obstruct the opportunity for the emergence of other presidential and vice-presidential candidates outside their parties. In the opinion of the author, the implementation of the Tresidential Threshold is no longer relevant if it is still applied in the presidential and vice-presidential election system in Indonesia which seems unconstitutional. If it is truly unconstitutional, then it disturbs the system of government of this nation, because the leader of his country does not have legitimacy in running the government.
The elimination of the threshold for pencapresan is one of the concrete solutions that can bring the best sons and daughters of each political party, by not ignoring the process of nation and state that we should uphold. The author believes that every political party must have very sincere aspirations to jointly develop the nation, but the person who pollutes the political party must be cleansed. Elimination of the threshold for presupposition is one of good faith if we really want to improve the nation together. Let us seek out the future leaders of the nation who are able to touch the heart and embrace the conscience of each Indonesian society and can act wisely towards a safe and prosperous Indonesia.
12 December 2018
9 October 2018
9 October 2018