The Interrelationship Between the Presidential Threshold and the Parliamentary Threshold in Indonesia’s Electoral System: Weighing the Balance Between Governmental Stability and Democratic Representation

2026-06-23T22:32:20+00:00

This study examines the interrelationship between the Presidential Threshold (PT) and the Parliamentary Threshold (ParT) within Indonesia's electoral system under Law Number 7 of 2017 on General Elections. Unlike previous studies that predominantly analyse these threshold mechanisms separately, this research investigates their interaction as an integrated institutional design. It evaluates their combined impact on the simplification of the political party system, democratic representation, and governmental stability. Employing a normative legal approach grounded in library research, the study analyses constitutional provisions, statutory regulations, judicial decisions, academic literature, and Sinta-indexed legal journals to assess the legal and political consequences of Indonesia's dual-threshold framework. The findings demonstrate that the interaction between PT and ParT has significantly influenced party coalition formation, presidential nomination, legislative representation, and the overall competitiveness of elections. While the dual-threshold mechanism helps reduce excessive party fragmentation and strengthen the effectiveness of the presidential system, it also limits political inclusiveness by restricting the participation of smaller parties and reducing the number of electoral alternatives available to voters. Consequently, political decision-making becomes concentrated among larger political parties, potentially affecting legislative representation, policy formulation, and the constitutional principle of equal political participation. The study further argues that Indonesia's electoral system cannot achieve effectiveness through threshold mechanisms alone but requires a comprehensive institutional design that balances party system simplification with democratic inclusiveness. It concludes that the current dual-threshold arrangement should be periodically re-evaluated to ensure proportionality between governmental stability, constitutional democracy, and fair political representation in accordance with the principles of Indonesia's constitutional order

Integration of Customary Law into the Criminal Procedure System through Transcendental-Based Restorative Justice: A Comparative Study of the Utilization of Local Wisdom Instruments

2026-06-23T22:24:31+00:00

The integration of Customary Law into the Criminal Procedure System through a Transcendental Approach to Restorative Justice represents a significant legal innovation. It offers a conceptual framework for addressing practical and sociological legal needs. The restorative justice mechanism provides a criminal justice process that is faster, more affordable, and more efficient in resolving criminal cases according to the nature and characteristics of the offense. This mechanism also creates opportunities for legal development by enabling the discovery of law through the manifestation of living law in the conduct of legislators, law enforcement officials, and society, which simultaneously functions as both the subject and the object of law. This paper focuses on a comparative analysis between the technical mechanisms of restorative justice and the characteristics of local wisdom embodied in customary law as a means of resolving community conflicts. Such a comparison is intended to strengthen the theoretical foundation of the sociology of criminal law while promoting a legal framework that is persuasive, responsive, expeditious, cost-effective, and efficient. Furthermore, this study aims to provide a conceptual and speculative framework that may serve as a stimulus for developing hypotheses and examining empirical realities concerning the integration of customary law into the criminal procedure subsystem through a transcendental approach to restorative justice in the resolution of community conflicts. This study employs a descriptive research design grounded in library research, with the collected data analyzed qualitatively.

Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan

The Interrelationship Between the Presidential Threshold and the Parliamentary Threshold in Indonesia’s Electoral System: Weighing the Balance Between Governmental Stability and Democratic Representation

Integration of Customary Law into the Criminal Procedure System through Transcendental-Based Restorative Justice: A Comparative Study of the Utilization of Local Wisdom Instruments