CD Skripsi
Analisis Yuridis Parliamentary Threshold Dalam Undang-Undang Nomor 8 Tahun 2012 Tentang Pemelihan Umum Anggota Dewan Perwakilan Rakyat, Dewan Perwakilan Daerah, Dan Dewan Perwakilan Rakyat Daerah
In general, countries around the world reveals itself applying democracy, the rule of popular sovereignty. Includes Indonesia democracies known as a democratic electoral system. In the history of Indonesia after the election many emerging political reforms that the government (the president) in a policy dilemma, ultimately the political elite in Parliament began to discuss how to simplify administration for effective political parties. Election 2009 parliamentary threshold rule has been in practice in order to simplify the party with the 2.5%. Ahead of the 2014 election the Parliament amend the Act No10 of 2008 on the Election into Law No. 8 of 2012, one of which related to the provision of article change the parliamentary threshold by raising the rate to 3.5% threshold and be enacted nationally in determining seat DPR, provincial and Council districts / cities. This is a note of controversy in the new election law that led to smaller parties sued, because the rule was smaller parties lost sovereignty and considers the law unconstitutional.
The formulation of the problem is How will the parliamentary threshold in Law. 8 Year 2012 on General Elections Are arrangement parliamentary threshold and contrary to popular sovereignty and Article 28 of the 1945 Constitution relating to the right to freedom of association and assembly.
Type of study / thesis does is normative study, the studies conducted on the principles of law and systematic legislation. The analysis is done in writing this thesis is a qualitative analysis concluded that deductively draw conclusions from things that are common to the things that are special.
In the 2009 election appears the rules on parliamentary threshold in the screening process for the parliamentary party. The emergence of the rule because look at the last election after the reform era so many parties in the parliament so as to make the executive government ineffective. Setting the Threshold Parliamentary Law. 8 Year 2012 on the election contained in article 208 to the provisions of the election if the political parties do not reach 3.5% of national valid votes that the party is unable to send representatives to the National Assembly, Provincial and District Council / city. Earlier in 2009 Parliamentary election threshold is only 2.5% and is valid only at the level of the House of Representatives. With the implementation of Parliamentary Threshold 3.5% nationally for the determination of the seat Parliament, Provincial Parliament and Council district / city then many people will lose their sovereignty and that clearly violate the Constitution as affirmed by the Constitutional Court in the decision of Act No.. 8 Year 2012. Should the rules of parliamentary threshold of 3.5% is only applied in the determination of the House of Representatives seat only. This is because many local parties arising Indonesian society is a pluralistic society and to
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