Analisis Terhadap Putusan Mahkamah Konstitusi Nomor 53/puu-xv/2017 Terhadap Pengujian Undang Undang No 7 Tahun 2017 Tentang Pemilihan Umum

Hernanda, Rezi (2020) Analisis Terhadap Putusan Mahkamah Konstitusi Nomor 53/puu-xv/2017 Terhadap Pengujian Undang Undang No 7 Tahun 2017 Tentang Pemilihan Umum. Other thesis, Universitas Islam Riau.

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Abstract

The phenomenon that occurs from the observations made by presidential writer Treshold in the General Election is widely considered not to cause a sense of justice to the nomination process of the President and Vice President, not least the problem of the principle of electoral justice. The problem is 2 things, namely: First, the absence of justice for new candidates in the presidential and vice presidential nomination process, procedures, and decisions related to the election process only benefit the old ruling party. Second, the system designed is not able to create candidates for president and new vice presidents who can create changes because the candidate pair has been sensed by the presidential threshold owned by major parties. Based on the description of the phenomenon above, the author sets out the main problem of this research, namely How to Consider constitutional court judges in deciding case NUMBER 53 / PUU-XV / 2017 against the testing of law No. 7 of 2017 concerning general elections and how are the implications of the Constitutional Court decision No. 53 / PUU-XV / 2017 in the presidential and vice presidential nominations in the 2019 general election? Considering the type and nature of research, this type of research belongs to Normative research, Normative legal research uses normative case studies in the form of legal action products, for example studying legislation. The author uses normative legal research methods to observe and record this thesis analysis as a legal research method. The results of the study showed the Consideration of Constitutional Court Judges in Deciding Case NUMBER 53/PUU-XV/2017 Against The Testing of Law No. 7 of 2017 Concerning Elections exists; ah (1) Through the threshold policy of The Establishment of Presidential and Vice Presidential Candidates (Presidential Treshold) Article 222 of the Election Law is discriminatory against Parties as Election Participants, (2) Presidential Threshold is an open legal policy. The implication of the Constitutional Court Decision No. 53/PUU-XV/2017 in the Presidential and Vice Presidential Nominations in the 2019 General Election is that with the enactment of Article 222 of Law No. 7 of 2017, the nomination of the Presidential and Vice Presidential elections will use the results of the previous period's elections. Examples such as experienced in the presidential and vice presidential election candidacy 2019 using the results of the 2014 period of voting which according to researchers irrelevant because it uses the presidential ticket threshold in 2014 for the 2019 election contest.

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