Nomination of Presidential and Vice-Presidential Candidates Based on the 1945 Constitution of the Republic Indonesia

Abstract

Indonesia adheres to a presidential system of government as stipulated in the 1945 Constitution, the application of which is consistently reflected in the arrangements of the party system, the legislative election system, and the election of the President. The Constitutional Court Decision Number 62/PUU-XXII/2024 confirms the abolition of the presidential threshold. So far, in the implementation of the Presidential and Vice-Presidential Elections, the threshold has been understood not as a condition for the election of candidate pairs, but as a prerequisite for nomination. In fact, this provision has created structural barriers that limit political representation, narrow the space for public participation, and create significant injustice. These conditions encourage political parties to form pragmatic coalitions that are not based on common ideology or the interests of the people, thus potentially weakening the stability and robustness of the presidential system of government. In the future, the elimination of the presidential threshold in the Presidential and Vice-Presidential elections needs to be outlined in an Election Law that is in line with the dynamics of democracy, based on the decision of the Constitutional Court, and upholds the principles of justice, broad political representation, and meaningful public participation.