Seminar and FGD with Head of DPD RI: Presidential Threshold, Is it Following the Constitution and Reality in Society?

News of UNAIR Postgraduate School, 8 Jun 2021 – The Postgraduate School of Universitas Airlangga (UNAIR) held a Seminar and Focus Group Discussion on Tuesday, June 8, 2021. This time the event comes with the topic IDEAS FOR AMENDMENT V of THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA: REMOVING THE THINGS FOR PRESIDENTIAL CANDIDATES AND OPENING INDIVIDUAL PRESIDENTIAL CANDIDATES. Present as the main speaker, namely Ir. H. AA La Nyalla Mahmud Mattalitti as Chairman of the Indonesian Regional Representative Council (DPD). Also present Prof. H. Kacung Marijan, Drs., MA., Ph.D., as Professor of Political Science of UNAIR, Prof. Badri Munir Sukoco as Director of UNAIR Postgraduate School, Dr. Radian Salman, SH., LL.M as Coordinator of Master of Law and Postgraduate School Development Program of UNAIR, and Suparto Wijoyo, Deputy Director III of UNAIR Postgraduate School, as well as moderator of the event. 

La Nyalla believes that the number of problems of injustice in this nation is due to the power of capital. The power of capital alone in the political system can build an oligarchy. Oligarchy has several characteristics, namely, it is built based on unlimited capital power. In addition, oligarchs operate on power in an occult and systemic manner due to laws and regulations that open up the domination of capital owners overpower in the government and legislature. The presidential threshold and space for presidential nominations for individual/non-party presidents is just a dream, it also violates the constitutional law, which is also difficult to apply to countries that have been influenced by the oligarchic system. 

He also mentioned Law No. 7 of 2017 in article 222 which states that the presidential candidate pair and his deputy are proposed by a previously elected party or coalition of parties based on the presidential threshold. The presidential threshold also causes some political repercussions. One of them is that only 2 pairs of candidates will appear head to head during the presidential election which causes such strong polarization at the grassroots, even until the presidential election ends. The presidential threshold dwarfs the nation’s potential, because this country does not lack a competent leader candidate, but this rule is hampered by this rule from appearing. In addition, it limits community channels which result in abstentions. In addition, the checks and balances in the government system will be weak because only the big parties have the power to regulate the government system. 

In line with this, Salman thinks that the public should be given more choices than just being presented with political parties. In addition, the presidential threshold triggers an open political legacy that is only oriented to the interests of the party, not the interests of the people. He also agrees that the presidential threshold fosters oligarchs because only strong parties can remain in parliament. 

Meanwhile, Kacung thinks that there will be a policy deadlock if the elected president is not from a major party. That is why the president is expected to obtain large backups through the supporting parties in parliament. Therefore, a 20 percent share in parliament is needed so that every presidential policy is not always subject to a deadlock in parliament. The threshold can be justified if the presidential and legislative elections are conducted separately.

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