Constitutional Discourse around the Presidential Threshold and the Potential of Political Oligarchy

The Presidential Threshold restricts the right of every individual to have an equal opportunity in government. The Constitutional Court through Decision No. 14/PUU- XI/2013 stipulates that the Presidential and Vice Presidential Elections must be held simultaneously with the Election of Members of the House of Representatives, known as simultaneous elections. The provisions regarding the presidential threshold are actually part of the open legal policy. In the constitution, especially Article 6A paragraph (2) and Article 22E paragraph (6) of the 1945 Constitution of the Republic of Indonesia, there is no provision that limits who has the right to run for President or Vice President. The application of a threshold for political parties to be able to carry a pair of presidential and vice presidential candidates has a number of juridical consequences, including being contrary to the principles of the Presidential System in the 1945 Constitution, not in line with Article 6A paragraph (2) of the 1945 Constitution, showing the inconsistency of the Constitutional Court in Decision Number 14/PUU-XI/2013, and violating the rights of citizens as guaranteed in the 1945 Constitution. Constitution, public debate, and its impact on the principles of people's sovereignty and constitutional rights, this study aims to evaluate the relevance and urgency of Presidential Threshold changes.