The Implication of Presidential Threshold as an Open Legal Policy in Indonesia's General Election

Abstract

The decision of the Constitutional Court is final and binding, but there are still opinions of the pros and cons of the emergence of the Constitutional Court Decision related to the presidential threshold which is categorized as an open legal policy. The problem studied in this research is the legal implications of the presidential threshold as an open legal policy. This research uses normative legal research methods, using a statutory approach, case approach and conceptual approach. Based on the analysis of the discussion, first, with the Constitutional Court Decision stating the presidential threshold as an open legal policy, it becomes a problem. The conception of the presidential threshold found a gap whether it fulfills the rules of open legal policy or not. Second, the legal implications of the presidential threshold as an open legal policy in the general elections of the president and vice president in Indonesia, namely: The decision of the Constitutional Court must be implemented because it is final and appealable; Not all political parties can participate because of the threshold; there is no opportunity for new parties to carry their presidential and vice presidential candidates.