PRESIDENTIAL THRESHOLD DENGAN PEROLEHAN SUARA PADA PEMILU SEBELUMNYA DALAM PERPEKTIF KEDAULATAN RAKYAT

Muslim, mohamad fatchul (2024) PRESIDENTIAL THRESHOLD DENGAN PEROLEHAN SUARA PADA PEMILU SEBELUMNYA DALAM PERPEKTIF KEDAULATAN RAKYAT. Skripsi (S1) thesis, Universitas Muhammadiyah Ponorogo.

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Abstract

ABSTRACT
The presence of the presidential threshold regulation as a requirement for nominating presidential and vice-presidential candidates based on the vote results from the previous election forms the background of this research. In the context of democracy, it is essential to understand how electoral rules and policies respect the sovereignty of the people as a fundamental principle. This research aims to analyze the basis for using the presidential threshold based on the vote results from the previous election and how the presidential threshold regulation aligns with the principle of popular sovereignty. The method used in this research is the Normative Juridical method with a statute approach, a conceptual approach, and a historical approach to address the challenges faced. The results obtained through this research show that the basis for using the presidential threshold requirement with the vote results from the previous election is the Constitutional Court Decision 14/PUU/XI/2013, which did not annul the provisions contained in Article 9 of Law Number 42 of 2008, thereby prompting electoral law drafters to implement all contents of the decision. This includes holding simultaneous elections while maintaining the presidential threshold system. The presidential threshold regulation that aligns with the principle of popular sovereignty is applied through a tiered electoral system starting with the legislative election followed by the presidential election. Such an electoral system regulation aligns with the representation ideals mandated by the founding fathers and has adjusted to the reform expectations that transformed the concept of popular sovereignty and agreed on the implementation of a presidential system of government. If this regulation is maintained in the implementation of simultaneous elections, the presidential threshold would actually degrade its purpose of strengthening the presidential system of government.
Keywords : Presidential Threshold, Previous Votes, Popular Sovereignty

Item Type:	Thesis (Skripsi (S1))
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Laws
Depositing User:	fh . userfh
Date Deposited:	19 Sep 2024 01:38
Last Modified:	09 May 2025 03:55
URI:	https://eprints.umpo.ac.id/id/eprint/15273

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