Konfigurasi Politik Pemilihan Umum Pasca Penghapusan Presidential Threshold dalam Perspektif Hukum Responsif

Abstract

The application of the presidential threshold in the general election system in Indonesia has sparked a pro and con debate regarding the substance and its implications for the presidential system of government with multi-party systems. The Constitutional Court's decision to abolish the presidential threshold in the election law eliminates restrictions on selecting and nominating presidential and vice presidential pairs, both by political parties and individuals. This study aims to analyze the consequences of the elimination of the threshold on the relationship between the executive and legislative branches and the political-legal configuration of the post-cancellation election, with a responsive legal perspective. Using normative legal research methods through a statutory and conceptual approach, the results of the study show that before the abolition, the relationship between the executive and legislative branches tended to be unstable, resulting in less effective governance. Responsive legal theory is considered appropriate as a basis for formulating aspirational election law policies to strengthen the democratic system. The DPR and the Government have a strategic role in creating democratic policies that support the effectiveness of the election system and political parties. This study provides recommendations for the development of legal policies that are responsive to political dynamics and the needs of democratization