A Comparison Of Presidential Regulations Threshold Indonesia And China In The Proposal Of Presidential and Vice Presidential Candidates

Abstract

Guarantees of Human Rights (HAM) are an important pillar of democratic life. Article 28D paragraph (3) of the 1945 Constitution states, "Every citizen has the right to equal opportunities in government." However, the candidate pair must meet a threshold requirement of 20% to advance in the election for the nomination for president and vice president. In Article 6A paragraph (2) of the 1945 Constitution, he cannot become president or vice president because he does not meet the 20% threshold, which is not in accordance with democratic principles. Other countries, including China, do not employ the presidential threshold system for selecting presidential and vice presidential candidates. The research method used is sociolegal research with an approach method, namely a historical approach. Research results in Indonesia indicate that they wish to nominate the President and Vice President, the Board People's Representatives (DPR), and the House of Representatives Regional (DPRD), especially those previously supported by political parties. Article 6A, paragraph (2) of the NRI Constitution from 1945 states that political parties, or a combination of them, propose the candidate pairs for president and vice president before the general election. Meanwhile, in practice, only one political party, the PKT, has effective power at the national level in China.