Presidential Candidacy Threshold and Presidentialism Affirmation in Indonesia

This study discusses the constitutionality of presidential candidacy threshold, particularly related to the principle of presidentialism. This study argues that the threshold is unconstitutional because it does not reflect the principle of presidentialism. The principle emphasizes executive and legislative prescriptions that should be independent of each other. Supporting the current threshold, the Constitutional Court proposes a rationale that the threshold aims to strengthen presidentialism in Indonesia. The current threshold is believed can give the elected president adequate political support in parliament. In fact, the idea is not factually and juridically correct. An elected president can govern effectively without significant institutional obstacle, although the President does not gain support of majority political power in the parliament. On that basis, it is necessary to amend Article 6A paragraph (2) of the 1945 Constitution so that the implementation of presidential system can be more consistent. Political parties should not be given monopolistic power to bear the presidential and vice-presidential candidates. The system should also accommodate the possibility of independent presidential and vice-presidential candidates, separating the line of political parties. Such constitutional provisions are expected to annul the presidential nomination threshold.