Proceedings of the 1st Universitas Kuningan International Conference on Social Science, Environment and Technology, UNiSET 2020, 12 December 2020, Kuningan, West Java, Indonesia

Research Article

Legal and Political Consequences of Threshold Application in The General Election System in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.12-12-2020.2305137,
        author={Erga  Yuhandra and Haris  Budiman and Suwari  Akhmaddhian},
        title={Legal and Political Consequences of Threshold Application in The General Election System in Indonesia },
        proceedings={Proceedings of the 1st Universitas Kuningan International Conference on Social Science, Environment and Technology, UNiSET 2020,  12 December 2020, Kuningan, West Java, Indonesia},
        publisher={EAI},
        proceedings_a={UNISET},
        year={2021},
        month={3},
        keywords={law; politics; democracy; general election},
        doi={10.4108/eai.12-12-2020.2305137}
    }
    
  • Erga Yuhandra
    Haris Budiman
    Suwari Akhmaddhian
    Year: 2021
    Legal and Political Consequences of Threshold Application in The General Election System in Indonesia
    UNISET
    EAI
    DOI: 10.4108/eai.12-12-2020.2305137
Erga Yuhandra1,*, Haris Budiman1, Suwari Akhmaddhian1
  • 1: Faculty of Law, University of Kuningan, Indonesia
*Contact email: erga.yuhandra@uniku.ac.id

Abstract

General election is a mechanism of orderly circulation of power within a country. In a representative democracy system, the circulation of power is determined by elections. General elections are a concrete answer to people's participation in determining leaders and representatives in state institutions and are a symbol of people's sovereignty in a democratic system. It is feared that there is a threshold in the general election system in Indonesia that can reduce the level of democracy from the freedom to choose the best leader, besides that the existence of a threshold can reduce people's political aspirations. The purpose of this research is to find out and examine the legal and political consequences of the implementation of the threshold system in general elections in Indonesia. The research method used in this research is the normative juridical approach or also known as doctrinal law research or library research. In written legal normative legal research, it is studied from various aspects such as aspects of theory, philosophy, comparison, structure / composition, consistency, general explanation and explanation of each article, and the binding strength of a law and the language used is legal language. The use of doctrinal legal research is to find out whether and how the law regulates a matter and how the rule of law is applied