ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NO 53/PUU-XV/2017 TENTANG KETENTUAN PRESIDENTIAL THRESHOLD SEBAGAI OPEN LEGAL POLICY

Oleh: Banar Bagoes Satrio

Abstract:

Purpose of this study is to determine constitutionality of the presidential threshold provisons in Law 7 of year 2017 based on the Constitutional Court Verdict number 53/PUU-XV/2017 and to find out the constitutional interpretation of the presidential threshold provisions in Law 7 of year 2017 as an open legal policy according to the court. The method used in writing this thesis is a normative legal research in the form of a literature review conducted by searching primary and secondary legal materials, which is carried out through a review of laws and regulations and other legal materials. The results of this study indicate that the provisions of the presidential thereshold are constitutional, or do not conflict with the contitution if judged as an open legal policy, if a legal norm is categorized as an open legal policy meaning it is given entirely to the legislators to regulate such matters as long as the constitution gives an order to regulate the matter and is considered not to be in conflict with the Constitution. However, it can be said to be irrelevant if it is used in the 2019 election because 2019 election was held simultaneously while the threshold used was the 2014 election threshold.

Key Words: Analisis, Yuridis, Putusan, Presidential Threshold, Open Legal Policy