Ginting, Surya Krisman Pehulisa (2023) Tinjauan Yuridis Putusan Makamah Konstitusi Nomor 74/puuxviii/2020 Terhadap Pengujian Pasal 222 Undang-undang Nomor 7 Tahun 2017 Tentang Pemilihan Umum. Masters thesis, Universitas Islam Riau.

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Abstract

Law Number 7 of 2017 Concerning General Elections has had a major impact on political contestation when approaching the election years for the president and vice president, especially in Article 222 Concerning the Presidential Threshold. The Constitutional Court is the spearhead of all Indonesian people to sue matters deemed unconstitutional. Because, the function of the Constitutional Court is as a state institution that has the authority to review laws against the Constitution of the Republic of Indonesia. Therefore, in 2020 Rizal Ramli and Abdur Rahman Kresno are suing this article as applicants to lower the threshold for presidential nominations. Based on these problems, there are 2 (two) main problems in this study. First, what is the Juridical Review of the Decision of the Constitutional Court Number 74/ PUU-XVII /2020 Against the Review of Article 222 of Law Number 7 of 2017 Concerning General Elections. Second, what are the considerations of the Panel of Judges of the Constitutional Court in Deciding on the Decision Number 74/ PUU-XVII /2020 Against the Review of Article 222 of Law Number 7 of 2017 Concerning General Elections. This research uses a normative juridical research method, the approach used in this research is a statutory approach regarding the Constitutional Court Decision Number 74/PUU-XVII/2020 concerning the Threshold of Presidential Candidate in conjunction with other related regulations. Research result, First, that legally, the determination of the presidential threshold aims to strengthen the presidential government system because with the support of parliament, a president can carry out his government duties more easily after being elected in general elections and simplifying the number of political parties in Indonesia. Second, the consideration of the Constitutional Court has determined that the petition of the applicants is not accepted where based on the consideration of the Panel of Judges of the Constitutional Court that the application of the applicant cannot be accepted, considering that the applicant who is suing has nothing discriminatory in that article because it is clear in Article 6A paragraph (2) of the Constitution of the Republic of Indonesia, those who nominated the president and vice president were from a party or a coalition of parties and the applicant considered that he could not vote for many candidates due to the realization of the threshold rule, which is unconstitutional because the applicant could still vote for the candidate nominated.

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