Election Law Politics in 2024 Transition of Leadership Towards the

Golden Indonesia 2045

Cecep Suhardiman

Universitas 17 Agustus 1945 Jakarta, Indonesia

Keywords: General Election, Presidential Elections, Presidential Threshold.

Abstract: The leadership succession is carried out through the general election both presidential elections and legislative

member elections. This Democratic Party is a national agenda as regulated in the constitution of 1945. This

democratic party, which is held every five years, should be an arena for contestation in choosing the future

leaders of the nation who has a good vision and be able to implement the ideals of the founding fathers of this

nation as stated in the preamble of the 1945 Constitution: "Protect all the Indonesian people and the entire

homeland of Indonesia and to promote the general welfare, to educate the nation's life”. The nomination

process for president and vice president is regulated in Law no. 7 of 2017 with the condition that it meets the

presidential threshold of 20 percent of the 2019 election results. This requirement raises different opinions in

viewing the democratic system in Indonesia. Basically, a democratic election should not use the requirement

of 20 percent of the actual election results, because the democratic system has been carried out directly with

one man on vote. Without Presidential threshold, Indonesia can provide opportunities to the next generation

in achieving The Golden of Indonesia 2045.

1 INTRODUCTION

In the year of 2022, this is the start of the stage for the

grand event of leadership succession in the Unitary

State of the Republic of Indonesia (NKRI) which will

be held on February 14, 2024. This leadership

succession is carried out through the General Election

process (elections) both presidential and vice

presidential elections (pilpres) and the election of

legislative members (pileg) as well as House of

Representative of Indonesian Republic (members of

DPR RI), the Provincial Member’s Representative

Council (member of DPR Provinsi), the Regional

Member’s of Represantative Council (member of

DPRD) that all the participants come from political

parties, then the election of members of the Regional

Representative Council (DPD RI) which the

participants are individuals. This Democratic Party is

a national agenda as regulated in the constitution

(UUD 1945) Chapter VIIB General Election Article

22E paragraph (1) "General elections are held in a

direct, general, free, secret, honest and fair manner

every five years". (Republic of Indonesia,

Constitution 1945).

2 LITERATURE REVIEW

This democratic party, which is held every five years,

should be an arena for contestation in choosing the

future leaders of the nation who has a good vision and

be able to implement the ideals of the founding

fathers of this nation as stated in the preamble to the

1945 Constitution, namely: "Protect all the

Indonesian people and the entire homeland of

Indonesia and to promote the general welfare, to

educate the nation's life”. The participation of people

who apply their right to vote should increase in

democratic parties every five years. That is really

concrete, not pseudo-participation which is only a

claim by election organizers such as the General

Election Commission, Election Supervisory Body,

and the Honorary Board of Organizers Elections

(KPU, Bawaslu and DKPP) that public participations

have increased, this is of course in the interests of the

election management institutions so that they are not

said to have failed.

Two years before the event of this democratic

party, of course all parties need to continue and to

socialize the importance of participating in elections,

because politics affects all aspects of the lives of its

citizens. Aristotle once said, politics is a Master of

Suhardiman, C.

Election Law Politics in 2024 Transition of Leadership Towards the Golden Indonesia 2045.

DOI: 10.5220/0011976400003582

In Proceedings of the 3rd International Seminar and Call for Paper (ISCP) UTA â

Z45 Jakarta (ISCP UTA’45 Jakarta 2022), pages 83-86

ISBN: 978-989-758-654-5; ISSN: 2828-853X

 2023 by SCITEPRESS – Science and Technology Publications, Lda. Under CC license (CC BY-NC-ND 4.0)

science.(Surbakti, 2010:3) He does not mean in the

scientific sense, but he considers that knowledge of

politics is the key to understand the environment. For

Aristotle, the political dimension in human existence

is the most important dimension because it affects

other environments in human life. Aristotle had a

view that politics means regulating what we should

do and what we shouldn't do, this is what awakens all

of us to study and to follow and to participate in this

five-year democratic party, because this is part of

practical politics. In the year of 2024 democratic

party, especially in terms of choosing the president

and vice president, this is a very important process in

the context of leadership succession and

transformation towards a better Indonesia, namely

The Golden of Indonesia in 2045 (100 years of the

Independence of the Republic of Indonesia).The

presidential election in 2024 is indeed very interesting

to observe and will be a milestone towards a Golden

Indonesia in 2045, the 2024 presidential election

contestation is especially the absence of an incumbent

who cannot be renominated as a presidential/vice

presidential candidate because President Joko

Widodo had been selected as president for twice, so

according to the regulations, he can no longer run for

president, while the Vice President, Prof. dr. KH. Ma,

Ruf Amin is old so he has a small chance of being

nominated by a political party.

3 METHODS

The author uses empirical juridical research methods,

namely research conducted by analyzing legal

problems directly that occur in the field through

observation or observations combined with legal

sources as secondary data to examine data primary

that occurs in the implementation of elections. This

research study emphasizes the phenomenon of

differences of opinion regarding the presidential

threshold requirement of 20% in the nomination of

president and vice president. By obtaining a

theoretical construction basis, the author conducts a

literature review on basic conceptual theories

regarding the meaning and understanding of

democracy and the general election system.

Theoretically, the purpose of research is an

attempt made to find out one thing. The knowledge

gained from this type of research cannot be used

directly or practically. So, another name for this

research is called basic research. Whereas practically,

the purpose of this research is to seek and to find

knowledge that can be used directly in life. This type

of research is also known as applied research.

The type of data obtained is based on experience

and knowledge through direct observation, where

data is obtained through sensory experience, then the

empirical data is studied using secondary data sources

in the form of library materials (library studies). Data

collection techniques are carried out by observations.

It carried out by researchers through reading,

reviewing and hearing various opinions in various

political discussions and conducting literature

studies. The data obtained directly are studied based

on various related theories to produce valid, actual

and factual data.

4 RESULTS AND DISCUSSION

The process of nomination of presidential and vice

presidential candidates who meet the requirements in

accordance with the provisions of Law no. 7 of 2017

concerning General Elections, to be able to register to

the General Election Commission (KPU) as a pair of

presidential and vice presidential candidates, they

must meet the provisions as stipulated in Article 221

to Article 225Article 221 reads: Candidates for

President and Vice President are proposed in one pair

by a Political Party or a Combined Political Party,

then Article 222 states that a Candidate Pair is

proposed by a Political Party or a Combined Election

Contesting Political Party that meets the requirements

of obtaining seats at least 20% (twenty percent) of the

total seats in DPR or obtaining 25% (twenty five

percent) of the nationally valid votes in the previous

election for members of DPR. (Republic Of

Indonesia, Law Number 7:2017)

There is a minimum support requirement of 20%

of the vote (Presidential Threshold) in setting the

threshold level of support from DPR, either in the

form of the number of votes (ballot) or the number of

seats that must be obtained by Political Parties from

the results of the previous election, that is the result

vote in the election on 2019. This requirement raises

different opinions (both agree and disagree) in

viewing the democratic system in Indonesia

(Kompas.tv/News Article:2022), the parties which

agree with the minimum requirement of 20% are

supporting and arguing that the presidential and vice-

presidential candidates were elected when they won

the contestation in the next general election. To run

the government effectively, of course, you must get

the supporting vote from members of the legislature

(DPR RI) so that the program can run well. And for

the experts who have the point of view that there is no

need for a minimum requirement of 20% the

supporting vote from the previous election results,

ISCP UTA’45 Jakarta 2022 - International Seminar and Call for Paper Universitas 17 Agustus 1945 Jakarta

said that Democratic elections with One Man One

Vote (one person one vote) no longer need minimal

support, this is intended to provide the widest possible

opportunity for the best of next generations of this

nation who want to nominate as presidential and vice

presidential candidates so that the public can be given

more choices such as the presidential elections that

took place in 2014 and 2019, at that time there are

only two (2) pairs of presidential and vice presidential

candidates, coincidentally we have the same

presidential candidate, were Joko Widodo and

Prabowo Subianto. And in 2014 the vice presidential

candidates were different, namely in 2014 Joko

Widdodo & Jusuf Kalla, with political opponents

Prabowo Subianto & Hatta Radjasa, then in the 2019

presidential election the pair Joko Widodo & KH.

Ma'ruf Amien with political opponents Prabowo

Subianto and Sandiaga S. Uno.

At the end of 2022, presidential and vice

presidential candidates began to emerge according to

the results of surveys conducted by various survey

institutions, in line with that, several political parties

participating in the 2019 elections began to conduct

political ties to explore their suitability cooperation or

coalition. Referring to the results of the 2019 general

election, only PDIP received 27,053,961 (twenty-

seven million fifty-three thousand nine hundred and

sixty-one votes) or equivalent to 19.33% so that it can

nominate its own presidential and vice-presidential

pairs.

Several political parties are currently in talks for

cooperation and make coalition in the face of the 2024

presidential election, including the name the New

Indonesia Coalition (KIB), which consists of the

Golkar Party, the National Mandate Party (PAN) and

the United Development Party (PPP) and then the

coalition of The Gerindra Party and the National

Awakening Party (PKB), there is also the Nasdem

Party which has declared its presidential candidate,

namely Anies R. Baswedan but still does not meet the

requirements for nomination of 20% of the 2019

election votes and is currently exploring with the

Democratic Party and the Prosperous Justice Party

(PKS) to fulfill its requirements. Currently, the

community is also very enthusiastic in facing

democratic parties, especially the presidential

election (pilpres) in 2024, especially on social media

such as Twitter, Facebook, Instagram, etc. with

various comments and actions of support for the

candidate they idolize as nowadays, they make more

intense socialization, especially those outside

political parties or those who name volunteers from

Anies R. Baswedan, Agus Harimurti Yudhoyono,

Ganjar Pranowo, Puan Maharani, Prabowo Subianto

etc. Several political parties have carried out various

activities to socialize the figures they want or support

to the wider community either by making

declarations, social activities or even through charity

activities. Currently, there are so many people trying

to pair the presidential and vice presidential

candidates, including: Anies R Baswedan & Agus

Harimurti Yudhoyono, Prabowo Subianto & Puan

Maharani, Gandjar Pranowo & Erick Thohir etc. The

registration for presidential and vice presidential

candidates for the 2024 election is open from 19

October to 25 November 2023, so there is still

approximately one year left.

5 CONCLUSIONS

In fact, the direct democracy system in Indonesia has

been implemented in the reform era. The direct

election system (one man one vote) was implemented

in 2004 with the directly elected president, namely

Prof. Dr. H. Susilo Bambang Yudhoyono with Vice

President H. M. Yusuf Kalla. For the presidential and

vice-presidential elections in 2024 and elections in

the next period, it is hoped that the presidential

threshold requirement will no longer be used, so that

the public will be given many choices for the

presidential and vice-presidential candidates to be

nominated. With the elimination of the presidential

threshold requirement, political parties can nominate

candidates for president and vice president without

having to form a coalition with other parties.

Indonesia can provide space and opportunities as

widely as possible for the future generation to run for

president and vice president of Indonesia in the next

general election without any presidential threshold as

requirements, to realize the Golden of Indonesia in

2045.

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Election Law Politics in 2024 Transition of Leadership Towards the Golden Indonesia 2045

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ISCP UTA’45 Jakarta 2022 - International Seminar and Call for Paper Universitas 17 Agustus 1945 Jakarta