JURIDICAL ANALYSIS OF IMPLEMENTING THE PRESIDENTIAL THRESHOLD IN THE PRESIDENTIAL ELECTION OF INDONESIA

Since issuing the Constitutional Court Decision Number 14/PUU-XI/2013, the general election design must be carried out simultaneously between the election of legislative members and the election of the President and Vice President (Pilpres). Article 6A Paragraph (2) of the 1945 Constitution mandates that pairs of candidates for President and Vice-President are proposed by political parties or coalitions of political parties taking part in the general election prior to implementing the general election. Accordingly, in order to strengthen the presidential system, pairs of candidates proposed in the presidential election are required to meet the "presidential threshold," which essentially limits the rights of political parties in proposing presidential and vice-presidential candidates. This study analyzes the relevance of presidential threshold requirements elections simultaneously. The research method used is normative juridical, using an approach to the application of laws and an analytical approach. This study shows that the application of the presidential threshold that must be met by political parties or a combination of political parties in carrying out the presidential and vice-presidential candidate pairs in the simultaneous general election is less relevant and limits the rights of political parties. In addition, the political party that wins the majority vote has strong dominance to pressure other parties in determining the candidate. Although it does not have high dominance, it still has substantial authority to nominate it. Constitutional Court's decision and the 2014 election schedule, the implementation of the Constitutional Court's decision was only realized in the 2019 simultaneous elections.


A. INTRODUCTION
Indonesia is a legal state which means that all forms of state administration must comply with legal provisions, including filling a state position 1 . Therefore, the concept of the rule of law provides the basic regulatory framework for the concept of a state which is not only related to the existence of restrictions on the actions or actions of The implementation of the accommodation of the presidential threshold idea is contained in Article 222 of Law no. 7 of 2017 concerning General Elections 6 , which stipulates that political parties wishing to nominate presidential and vice-presidential candidates must meet the presidential threshold requirements, namely obtaining 25% (twenty-five percent) of the valid national votes in the previous DPR election or obtaining seats of at least 20% (twenty percent) of the total seats in the House of Representatives (DPR). If the political parties participating in the election do not meet the presidential threshold requirements, then to nominate the presidential and vicepresidential candidate pairs, these parties must form a coalition.
With the positiveness of the presidential threshold requirement in the 2017 election law, it is certainly contrary to Article 6A paragraph 2, which gives every political party participating in the election to nominate candidates for President and Vice President without having to meet the presidential threshold requirements. In addition, the potential also closes the door for the nation's best figures who have a track record and high electability to be nominated because the presidential threshold requirement opens the faucet for buying and selling candidates (candidacy buying) and becomes a means of legitimacy for the party winning the majority vote in getting rid of other candidates, before the election.

B. RESEARCH METHOD
This type of research is classified as normative legal research, which is interpreted as a process of activity to find the truth based on the logic of legal science from the normative side. 7 The approach used is a statutory approach and an analytical 6 Lahirnya UU pemilu tahun 2017 merupakan tindak lanjut atas keluarnya putusan MK No. 14/PUU/XI/2013 yang memerintahkan dilaksanakan pemilu serentak antara pemilu legislative dan pemilu presiden.

Jurnal Al-Dustur
Vol. 4 No. 1 Tahun 2021 Program Studi Hukum Tata Negara Pascasarjana Institut Agama Islam Negeri (IAIN) Bone approach. 8 In collecting data, the authors use document studies by conducting library searches on laws, books, journals, legal expert opinions, and or research reports related to the minimum limit for nominations for President and Vice President in the General Election. The research approach used in this study is statutory, a conceptual approach, and an analytical approach. 9 C.

DISCUSSION
As the staatsfundamentalnorm (basic norms of the state) and recht idee (legal ideals), Pancasila has positioned itself as the nation's philosophy of life, which also animates every step or effort to find a democratic system that is suitable for the Indonesian nation. 10 Accordingly, as the embodiment of a democratic legal state,

Indonesia chooses a republican form of government, led by the President and Vice
President, who are both head of government and head of state (Article 4 Paragraph 1) who are directly elected by the people (Article 6A Paragraph (1)) of the 1945 Constitution.
Historically, the first general election in Indonesia was held in 1955 to fill seats in the House of Representatives and elect candidates for the Constituent Assembly. This body will be tasked with drafting and formulating a new constitution.
Subsequently, during the Soeharto regime (election 1971-1997)  For more details, the author will describe how the post-1999 general election was held.

Implementation of the 2004 general election
From a historical perspective, the 2004 general election was a milestone in implementing direct elections for president and vice president by the people. For the issue of the presidential threshold, each pair of presidential and vice-presidential candidates is required to be proposed by a political party or a combination of political parties that obtain 15% (fifteen percent) of the total seats in the DPR or 20% (twenty percent) of the nationally valid votes in the election General members of the House of Representatives. 11 However, in the transitional rules, there is a provision that specializes in the 2004 presidential and vice-presidential elections, which allows political parties to nominate pairs of candidates if they have met the requirements for obtaining votes in the legislative elections (DPR) of at least 5% (five percent) of valid national votes or 3% (three percent) of the total seats in the DPR. 12 With the provisions mentioned above, during the presidential and vicepresidential elections in 2004, there were five pairs of contestants for the presidential and vice-presidential candidates. The five candidate pairs, namely (1)    of the number of provinces throughout Indonesia, or obtain at least 4% (four percent) of the total seats in ½ (four percent) half) the number of districts/cities throughout Indonesia. 15 For political parties that do not meet the requirements as mentioned above, to become participants in the 2009 general election, they can choose the following methods, such as (i) joining a political party that meets the electoral threshold requirements, (ii) joining other parties that do not meet the electoral threshold requirements. Threshold, which then uses the name and image of one of the parties to join so that it meets the minimum number of seats, (iii) joins another party that does not meet the electoral threshold and then forms a new party with a new name and image so that it meets the minimum number of seats or has met the minimum number of seat requirements for verification by KPU as stipulated in the law.   With three pairs of presidential and vice-presidential candidates participating in the presidential and vice-presidential election contests, the Susilo Bambang Yudhoyono-Boediono pair were able to gain majority support from the people compared to the other two pairs of candidates. The percentage of vote acquisition reached 60.8% (sixty-point eight percent) of valid national votes so that the presidential election only lasted one round.

Implementation of the 2014 general election
The juridical basis for holding the 2014 general election is also inseparable from the practice of disassembling the design of the general election system. However, what has changed is only related to the juridical basis for implementing legislative elections. The juridical basis for holding the presidential election is still based on the previous law (2009 presidential election). However, there is one thing that needs to be known together that in 2003 the Constitutional Court decided that the holding of legislative elections and presidential elections, which were held separately, was an election management practice that was not following the constitutional mandate, therefore through its decision, the court ordered that legislative and presidential elections be held separately. As a result, presidential elections are held simultaneously (simultaneously). However, due to the close distance between the issuance of the As the author described above, the legislative and presidential elections held as previously practised (2004 and 2009 elections) were constitutional and did not conflict with the constitution. Therefore, the 2014 election comprises two before the presidential election is held. A legislative election is held in order to determine which political party taking part in the election meets the presidential threshold requirements. It can carry the presidential and vice-presidential candidate pairs, both individually and individually alone or in a coalition with other political parties.
Regarding the presidential threshold requirement in the 2014 presidential election, it is the same as the presidential threshold in the 2009 presidential election, namely the presidential and vice-presidential candidate pairs must be carried by a political party or a combination of political parties that have at least 20% of the total seats in the DPR or obtain at least 25 votes. % (twenty-five percent) of the number of valid national votes shows that no political party can nominate a presidential candidate except by forming a coalition with other parties.
Moreover, the following result from the votes obtained by ten political parties participating in the 2014 election that succeeded in sending their representatives to sit in the DPR because they met the parliamentary threshold of 3.5% while the other two parties, the Crescent Star Party (PBB) and the Justice and Unity Party (PKPI) had to be eliminated because unable to meet the requirements of the parliamentary threshold.
The Parliamentary Threshold is defined as the minimum requirement of nationally valid vote support obtained by political parties participating in the election to be included in the DPR distribution. For the 2014 legislative elections, the parliamentary threshold is set at 3.5%.    leaders. Therefore, it is not even limited to the people's political choices through the presidential threshold scheme. In addition, the presidential threshold regarding the results of the 2014 legislative elections is also not relevant to be applied to the 2019 simultaneous elections because it will violate public political rights. Therefore, the public will never know if the votes they gave in the 2014 legislative elections will be used for political purposes in the 2019 simultaneous elections. 18 As the interpreter and protector of the constitution in its decision, the Constitutional Courtrejected the Judicial Review application submitted by Effendi Ghazali. The basis for the court's refusal is because it considers the presidential threshold to be an open legal policy area for forming laws (open legal policy) that aim to strengthen the presidential system. The point is, with the presidential threshold requirement in the election of the president and vice president, it provides a guarantee for the candidate pair that there will be support for political power in the DPR if elected, and of course, will provide strong political support in organizing the wheels of government. In essence, the presidential threshold aims to avoid the election of a minority candidate pair who does not have a strong political support base in the DPR because the risk of the government, if the president comes from a minority candidate pair, will certainly have negative implications for the discussion and approval of government programs in the DPR. 19 For more clarity in understanding this issue, we must see how the results of the legislative elections would be if they were carried out separately from the presidential election. Furthermore, the following is the percentage of the general election results for legislative members in the 2019 general election. the potential to nullify the opportunity for the nation's best figures to be nominated so that this condition will, of course, lead to hidden transactional politics in the bargaining of the paircandidate to be proposed.

18
Refly Harun responded to this issue by stating that the presidential threshold requirement is a political ploy of the major parties, and its application does not follow proper logic. The reason for this is seen in the written Constitution (UUD 1945), in which the elected president's election was determined by 50% (fifty per cent) of the votes plus one and distributed over 20% (20%) of the province. Additionally, he considered the statement that the minimum limit was applied to strengthen the presidential system to be unproven. 21 Political analyst Rocky Gerung also emphasized that the presidential threshold requirement had expired. PDIP politician Ardian Napitupulu conveyed another case that the threshold application was not the first time in general elections in Indonesia but had been implemented in previous general elections. The only difference is that the general election is carried out simultaneously between the presidential and vicepresidential elections. 22 Tjahjo Kumolo also said that in the election of candidates for President and Vice President, they must obtain genuine support from the legislature members through political parties to create a strong regime. 23 21 Reporter Kompas, "Pengamat: Presidential Threshold Konspirasi Jahat Partai Besar", accesed on july 20, 2020. In a country that adheres to a presidential system, such as Indonesia, the existence of a presidential threshold rule that must be met does not provide justice to new political parties. So then, this action does not fulfil justice as stated by Allah in QS.
An-Nisa: 58: Translation: Indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice. Excellent is that which Allah instructs you. Indeed, Allah is ever Hearing and Seeing.
This will narrow the opportunities for political parties and lead to transactional politics in determining the presidential and vice-presidential candidate pairs. Besides that, there is also the potential to raise nonvoters (abstaining) because they feel that the candidates for President and Vice President presented by political parties are not following what voters want; one of the contributing factors is that voters do not believe in political parties that carry candidates for President and Vice President. 27 Finally, citizens also need to have their voices heard in government processes, management, and day-to-day administration of the state.

D. CONCLUSION
In the presidential and vice-presidential general election system design, one variable that must be met before an election is held in the presidential threshold requirement that must be met by political parties or a combination of political parties that carry out the 2019 simultaneous general elections onwards. Article 222 of Law Number 7 of 2017 concerning General Elections stipulates that political parties or coalitions of political parties taking part in the general election that meet the requirements for obtaining seats at least 20% (twenty percent) of the total seats in the House of Representatives or getting 25% (twenty percent) five percent) of the valid national votes in the previous general election for House of Representatives members are entitled to nominate a president and vice-president candidates.
Thus, political parties that do not meet the minimum threshold or presidential threshold are not entitled to nominate candidates for President and Vice President unless in coalition with other parties. The impact is that besides limiting the rights of political parties in proposing candidates, it also eliminates the opportunity for the shop of the nation to be nominated by parties that do not meet the presidential threshold requirements so that this condition will also affect the emergence of transactional politics in determining pairs of presidential and vice-presidential candidates.

b. Suggestion
The presidential threshold for the nomination of President and Vice President should be abolished in the upcoming simultaneous general elections because implementing the Presidential threshold will limit the political rights of a person or political party that has not had a vote in the previous general election. If the minimum limit is still held, it will not be applied to the simultaneous general election between the legislature and the President and Vice President. However, legislators should look for more rational material to prevent conflicts that arise in the community and not at 20% (twenty percent) or 25% (twenty-five percent).