PEMILU SERENTAK (PEMILU LEGISLATIF DENGAN PEMILU PRESIDEN DAN WAKIL PRESIDEN) DAN PENGUATAN SISTEM PRESIDENSIAL
Abstract
This problem is motivated from the Constitutional Court’s verdict that decide to judicial review norms of Article 3 verse (4), Article 9, Article 14 verse (2) and Article 112 of Law Number 42 Year 2008 on the Election of President and Vice- President under the Republic of Indonesia’s 1945 Constitution. The Constitutional Court decided all that articles except article 9 in Law Number 42 Year 2008 did not have legal bonding to make the President and Vice President’s election run alongside the legislative’s election in 2019. Problems comes because the President and Vice President’s election run alongside the legislative’s election will run in 2019 not in this 2014’s election. Besides, The Constitutional Court did not matters the presidential threshold contained in Article 9 of Law No. Number 42 Year 2008, because that matter returned to the legislators. The problem in this paper is whether simultaneous election in 2019 may negate or still using presidential threshold election for president and vice president. There are different opinions on the presidential threshold because it will affect the strengthening of the presidential system adopted in the Republic of Indonesia’s 1945 Constitution. the Republic of Indonesia’s 1945 Constitution adheres pure presidential system that has a strong position, so the president in running his government has a strong position, even though not supported by a majority of the parliament, because the president is not responsible to parliament, but responsible to the people who choose him.
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PDFDOI: http://dx.doi.org/10.33331/rechtsvinding.v3i1.54
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