JAKARTA - Founder of Saiful Mujani Research and Consulting (SMRC) Saiful Mujani assessed that the presidential threshold based on the election results for DPR members deviates from the principle of presidentialism.
"In the presidential system there is actually no relationship between the results of the legislative elections and the conditions for presidential candidacy. There is also no threshold for presidential nomination based on the results of the legislative elections, so there should be more figures who can enter the presidential election," said Saiful at the joint Political Surgery program. Saiful Mujani episode "No Threshold for Presidential Candidates?" which aired on the SMRC TV Youtube channel, reported by Antara, Thursday, May 12.
He gave an example of the presidential election in France which had just been completed, the number of presidential candidates was 12 pairs.
In fact, said Saiful, France does not follow a pure presidential system. They adhere to a semi-presidential system, a mixture of parliamentarism and presidentialism. Even then, the presidential nomination is quite open.
"There is no big threshold like in Indonesia. Even though the media published are only Macron and Le Pen, there are actually 12 pairs of candidates," he said.
In the United States, continued Saiful, a country that has become a model for the world presidential system, the requirements to become a presidential candidate are quite simple: the important thing is that he is born in America, lives in America for at least 14 years, is at least 34 years old, and has not committed a crime.
"There are no other conditions, for example, it must be from a political party, let alone a political party with a certain number of seats in the Congress or DPR such as in Indonesia. It is possible for someone to declare himself as a presidential candidate. If he spends more than 5 thousand dollars on a campaign, then he is required to register with the KPU. It's so simple," he explained.
In the 2020 United States Presidential Election, what is widely known is only Donald Trump against Joe Biden, even though there are 36 candidates running.
The Professor of Political Science at the State Islamic University (UIN) Jakarta stated that constitutionally, the opportunity to expand the presidential candidacy exists because the threshold of 20 percent, 15 percent, 4 percent, or 0 percent is not stated in the constitution.
"That is a rule in the law. It is the DPR's political interpretation of the constitution. In the constitution, there is only a statement that a presidential candidate is proposed by a political party. What size political party must be, there is no provision in the constitution," explained Saiful.
According to Saiful, the words "proposed by political parties" were translated by political parties in the DPR to be 20 percent, previously it was less, 15 percent in the 2004 presidential election.
Due to the high presidential threshold of 20 percent, the opportunities to get fresher or more desirable candidates are limited.
Parliamentary dictates
He said in regional head elections (pilkada), independent candidates were allowed because the constitution states that governors, mayors and regents are elected democratically. No words were put forward by the party.
As for the president, the constitution specifically mentions that it must be submitted by a political party.
The fact that the Pilkada allows independent candidates, in the presidential election it should be even more so.
According to Saiful, the hierarchy or level of importance should be higher in the presidential election than in the regional head election.
Supposedly, the inclusiveness of the presidential election is stronger than the pilkada so that it has stronger democratic legitimacy. The reality is not. There is a problem in our constitution.
"Okay, as a compromise, a presidential candidate is proposed by a political party, but not with a threshold of 20 percent, please," said Saiful.
According to him, because there is no explicit rule in the constitution regarding the threshold requirement, it is sufficient for a presidential candidate to be submitted by a political party, namely any party recognized by the state, which is registered with the Ministry of Law and Human Rights.
Even parties that did not qualify for Senayan should have the right to nominate someone for president as in other countries that follow a normal presidential system.
He also regrets that Indonesia adheres to a presidential system but is dictated by parliament or political parties.
"In a presidential system like the one adopted by Indonesia or the United States, the existence of the president is independent from the parliament since he became a candidate. He must not submit to parliament. The president, like parliament, relies directly on the people, is directly elected by the people, has a direct mandate from the people," said Saiful Mujani.
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