Fiat Justisia (Jun 2022)

Moral Paradigm in the Establishment of Regulation on Parliamentary Thresholds: An Indonesian Implementation

  • Sholahuddin Al-Fatih,
  • Ahmad Siboy

DOI
https://doi.org/10.25041/fiatjustisia.v16no1.2140
Journal volume & issue
Vol. 16, no. 1
pp. 1 – 10

Abstract

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The moral paradigm in establishing legal norms about parliamentary thresholds in legislative elections is studied through historical, conceptual, and statutory approaches. Figures' perspectives on the moral paradigm and nature's laws are an analysis benchmark. This research is a legal analysis with a conceptual approach. The main objective of this research was to analyse the moral paradigm in the formation of laws regarding parliamentary thresholds in Indonesian elections. According to this research, the establishment and implementation of parliamentary threshold legal norms cannot meet the main legal objectives, namely justice, because parliamentary thresholds are designed to limit political parties' eligibility for parliament in subsequent elections. Therefore, the government canceled the application of the parliamentary threshold through lawmakers and the Constitutional Court in the next election.

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