Analisis Yuridis Pasal 6A Ayat (3) UUD 1945: Implikasi bagi Sistem Politik Indonesia

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The 1945 Constitution of Indonesia, a cornerstone of the nation's legal framework, has undergone several amendments since its inception. One of the most significant changes was the addition of Article 6A, which introduced the concept of a presidential threshold for presidential elections. This amendment, particularly the third paragraph of Article 6A, has sparked considerable debate and analysis, raising crucial questions about its implications for the Indonesian political system. This article delves into the legal analysis of Article 6A, paragraph (3), examining its potential impact on the dynamics of Indonesian politics. #### The Genesis of Article 6A, Paragraph (3) The inclusion of Article 6A, paragraph (3), in the 1945 Constitution was a direct consequence of the political landscape in Indonesia. The amendment aimed to address concerns about the stability and effectiveness of the presidential system. Prior to the amendment, the presidential threshold was not explicitly defined, leading to potential instability and the emergence of fragmented political parties. The introduction of a presidential threshold was intended to ensure that only candidates with significant popular support and a strong political base could contest the presidential election. This, in theory, would promote political stability and prevent the emergence of weak or ineffective governments. #### The Legal Interpretation of Article 6A, Paragraph (3) Article 6A, paragraph (3), states that a presidential candidate must be nominated by a political party or a coalition of political parties that hold at least 20% of the seats in the House of Representatives (DPR). This provision has been subject to various interpretations, with legal experts and political analysts offering diverse perspectives. Some argue that the threshold is a necessary safeguard against the rise of populist or extremist candidates, ensuring that only those with a substantial political backing can compete for the presidency. Others contend that the threshold creates an artificial barrier to entry, potentially excluding qualified candidates from the race and limiting the diversity of political representation. #### Implications for the Indonesian Political System The implementation of Article 6A, paragraph (3), has had a profound impact on the Indonesian political system. It has led to a consolidation of political parties, with smaller parties struggling to meet the threshold requirement. This has resulted in a more concentrated political landscape, with fewer parties vying for power. The threshold has also encouraged the formation of political coalitions, as parties seek to pool their resources and meet the 20% requirement. This has, in turn, influenced the dynamics of coalition building and the formation of government. #### Challenges and Concerns Despite its intended purpose, Article 6A, paragraph (3), has also raised concerns about its potential to stifle political competition and limit the choices available to voters. Critics argue that the threshold can create a system where a few dominant parties control the political landscape, potentially leading to a lack of accountability and responsiveness to the needs of the people. Additionally, the threshold may discourage new political parties from entering the fray, hindering the emergence of fresh ideas and perspectives. #### Conclusion The legal analysis of Article 6A, paragraph (3), reveals its complex and multifaceted nature. While the amendment aimed to enhance political stability and ensure the election of a president with strong popular support, it has also raised concerns about its potential to limit political competition and restrict voter choice. The impact of this provision on the Indonesian political system remains a subject of ongoing debate and analysis. As the nation navigates its political landscape, the implications of Article 6A, paragraph (3), will continue to be a crucial factor in shaping the future of Indonesian democracy.