Pelaksanaan Putusan Mahkamah Konstitusi Nomor 71/PUU-XV/2017 Terhadap Pengujian Undang-undang Nomor 7 Tahun 2017 Tentang Pemilihan Umum

Syafe’i, Fachrudin (2022) Pelaksanaan Putusan Mahkamah Konstitusi Nomor 71/PUU-XV/2017 Terhadap Pengujian Undang-undang Nomor 7 Tahun 2017 Tentang Pemilihan Umum. Other thesis, Universitas Islam Riau.

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Abstract

Election provisions in Indonesia are now regulated in Law no. 7 of 2017 which is the legal basis for holding simultaneous elections in 2019. Law Number 7 of 2017 reaps the pros and cons of many parties from various circles of society against several articles in it. One of the issues being discussed is the presidential threshold (the minimum threshold for the nomination of President and Vice President), as regulated in Article 222 of Law no. 7 of 2017 concerning Elections. UU no. 7 of 2017 concerning this Election, several times the examination of the 1945 Constitution of the Republic of Indonesia has been carried out in the Constitutional Court, one of which is in case No. 71/PUU-XV/2017. The formulation of the problem in the thesis entitled "Implementation of the Constitutional Court Decision No. 71/PUU-XV/2017 Against the Testing of Law No. 7 of 2017 concerning Elections”, namely; (1) How is the implementation of the presidential and vice presidential elections in the 2019 simultaneous elections after the Constitutional Court Decision No. 71/PUU-XV/2017?, (2) What are the weaknesses of implementing the presidential threshold in the 2019 simultaneous elections? The research method used is normative legal research and analytical descriptive. Sources of data were collected from primary legal material data and secondary legal materials, qualitative data analysis and deductive conclusion drawing. The results of the research on the Implementation of the Constitutional Court's Decision No. 71/PUU-XV/2017 Against the Testing of Law No. 7 of 2017 concerning General Elections, the conclusions are; (1) That because the process of implementing the 2019 General Election which was held simultaneously, in particular the nominations for the President and Vice President depended on the results of the 2014 Pileg, (2) The impact of the implementation of the presidential threshold in the 2019 simultaneous elections was to limit the rights of political parties to be able to nominate President and Vice President. contrary to the guarantee of equal rights for all election participants and equal opportunities to sit in government. The existence of simultaneous general elections is expected to be more efficient in terms of time and cost, create a better system and technical election governance and strengthen the presidential government system.

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