Parliamentary Threshold and Political Rights Limitation

Abstract

Parliamentary threshold or political party threshold to occupy the people's representatives in parliament is a provision that has been regulated in the law. Article 414 paragraph (1) of Law Number 7 of 2017 concerning General Elections regulates the existence of a parliamentary threshold. This means that the parliamentary threshold is legal. Especially based on legal considerations of the Constitutional Court in the Constitutional Court Decision Number 3 / PUU-VII / 2009 and Constitutional Court Decision Number 20/PUU-XVI/2018, the parliamentary threshold is an open legal policy so that it can be said to be constitutional. But in reality, the application of the parliamentary threshold limits political rights. The limitation of political rights occurs to participants and voters in the General Election.