议会和总统门槛改革是否加强了印度尼西亚的总统制?

Q3 Social Sciences Sriwijaya Law Review Pub Date : 2024-01-31 DOI:10.28946/slrev.vol8.iss1.3157.pp133-151
Mahesa Rannie, Retno Saraswati, Fifiana Wisnaeni
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引用次数: 0

摘要

净化印尼多党总统制的尝试仅在 1945 年《宪法》第三次修正案之后才得以体现。然而,这需要努力才能实现。在实践中。采取了各种措施,包括政党联盟和在议会选举中引入投票门槛。因此,分析选举门槛与其理想比例之间的关系,以法律-政治改革的形式加强印尼总统制,是很有意义的。这与本研究的目的相一致,即揭示和分析选举门槛的法律政治,试图加强印尼的总统制政府。本研究采用的方法是理论方法,包括法律、概念、比较和历史方法。本研究的结论是,选举票门槛的合法政治革新与加强印尼多党总统制政府体系的努力并无密切关系。改革选举票合法政治门槛的理想方式是将议会门槛设定为 2.5%,但同时加强对参选党派的控制,2.5% 的门槛可作为总统在议会和总统门槛之间保持平衡。此外,加强联合政党之间的共识(共识民主)也很重要。目前仍有人希望通过人民代表委员会(DPR)而不是宪法法院(MK)废除总统门槛。
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Does the Reform of the Parliamentary and Presidential Threshold Strengthen the Presidential System in Indonesia?
The attempt to purify Indonesia's multiparty presidential system was only reflected after the Third Amendment to the 1945 Constitution. However, it took work to implement it. In practice. Various measures have been taken, including party alliances and introducing voting barriers in parliamentary elections. Therefore, analysing the relationship between electoral thresholds and their ideal proportions in the form of legal-political reforms to strengthen the Indonesian presidential system is interesting. This is in line with the purpose of this study, which is to uncover and analyse the legal politics of electoral thresholds in an attempt to strengthen the presidential system of government in Indonesia. The approach adopted in this study is a theoretical approach with legal, conceptual, comparative and historical approaches. This study concludes that the legitimate political renewal of the electoral vote threshold is not closely related to efforts to strengthen Indonesia's system of multiparty presidential government. The ideal way to reform the legal, political threshold for electoral votes would be to set the parliamentary threshold at 2.5%, but at the same time tighten controls over the parties participating in the election, and the 2.5% threshold serves as President to maintain a balance between the parliamentary and presidential thresholds. In addition, it is also important to strengthen consensus (consensus democracy) among coalition political parties. There is still a desire to abolish the presidential threshold through the People's Representative Council (DPR) instead of the Constitutional Court (MK).
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Sriwijaya Law Review
Sriwijaya Law Review Social Sciences-Law
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审稿时长
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