PERBANDINGAN HUKUM DALAM PELAKSANAAN PRESIDENTIAL THRESHOLD PADA PEMILIHAN UMUM ANTARA INDONESIA DAN KOREA SELATAN

Abstract

Indonesia is a country that adheres to a presidential system of government. The presidential system in Indonesia shows that the source of the president's legitimacy as head of state and head of government in a presidential system comes from the people. There are two variants of direct presidential election mechanism models in the world. First, the system of direct presidential elections by the people. Second, the system of direct presidential elections through non-permanent intermediaries is usually called the electoral college system. Since the 2004 presidential and vice presidential elections, the electoral system in Indonesia has used threshold provisions or what is commonly known as the presidential threshold. Regulations regarding the presidential threshold itself are still changing in Indonesia, this is because this provision is an open legal policy, meaning that the percentage provisions in the presidential threshold are within the authority of the legislators. The Presidential Threshold then becomes a problem because political dynamics are dynamic and the urgency of setting these conditions then reduces everyone's rights to get equal opportunities in government. Therefore, a legal comparison was carried out regarding the existing electoral system arrangements in Indonesia and South Korea.