The Political Cartel of Presidential Candidacy through Threshold Brings Up a Single Candidate

The practice of presidential nomination by using a threshold through political parties or coalitions of political parties in Indonesia is still carried out because Indonesia adheres to a multi-party system. However, the regulation regarding the threshold for presidential nomination is prone to political transactions between parties. The reason is that there is no equality of access to presidential nominations between new political parties and old political parties considering that political parties are a defining element of representative democracy (Political parties are a defining element of representative democracy), this practice threatens the rights of minority political parties and limits the emergence of presidential candidates. The threshold in the nomination of President based on the decision of the Constitutional Court of the Republic of Indonesia Number 74/PUU/XVII/2020 regarding the review of Law Number 7 of 2017 concerning Elections is referred to as an open legal policy which is the authority of the House of Representatives in forming the Law on Elections. This study aims to evaluate the application of the threshold in the nomination of President with the principle of justice. This research is a doctrinal research using a case approach and a law approach. This study was conducted by looking at the development of the application of thresholds in elections and the provisions stipulated in the Election Law. The results of the study indicate that it is necessary to establish an ideal implementation model based on the principle of justice in order to guarantee the rights of minority political parties and avoid the emergence of a single presidential candidate. Introduction The regulation and prevention of high-cost politics has not been systematically constructed in the law, so that this problem becomes a latent problem in the administration of elections in Indonesia, systematic provisions seek to prevent money politics or transactional politics which at the high cost of politics in Indonesia have not been seen to be a concern legislator. The construction of political costs is very important to discuss considering that political parties are tools used in the general election process. Media Iuris Vol. 5 No. 1, Februari 2022 p-ISSN: 2721-8384 DOI: 10.20473/mi.v5i1.32040 e-ISSN: 2621-5225 Article history: Submitted 8 December 2021; Accepted 19 January 2022; Available online 18 February 2022.


Introduction
The regulation and prevention of high-cost politics has not been systematically constructed in the law, so that this problem becomes a latent problem in the administration of elections in Indonesia, systematic provisions seek to prevent money politics or transactional politics which at the high cost of politics in Indonesia have not been seen to be a concern legislator. The construction of political costs is very important to discuss considering that political parties are tools used in the general election process.
Elections are a democratic way to form and transfer power from the people to state authorities, as formulated by the International Commission of Jurist at its conference in Bangkok in 1965 that "Representation government is a government deriving its power and authority from the people which power and authority are exercised through representative freely choosen and responsible for them". 1 Political construction greatly influences the general election model used In simple terms, the threshold is understood as the minimum limit of support or votes that must be owned to obtain certain rights in elections. In terms of functions and uses, the application of the threshold is to reduce the number of election participants, the number of political parties sitting in representative institutions, and the number of political parties in the nominations for president and vice president.   not one has met the 4% threshold. From Table 9 above, the total valid votes for political parties that meet the parliamentary threshold are 126,376,414 votes.
Meanwhile, the total number of valid votes for political parties that did not meet the parliamentary threshold was 13,594,842. This means that around 9.5% of the valid votes of political parties participating in the 2019 election cannot be converted into seats in the DPR. This further strengthens the view that the more political parties participating in the election, the more votes will be wasted or not represented by representative institutions, even though one of the principles of elections that must be respected is universal suffrage, which is actually not only the right to vote in elections. elections, but also includes the right to be represented in representative institutions.

Method
The research method in this journal is normative legal research, using a legal approach, analyzing legal concepts and historical approaches. Analysis of the data using juridical interpretation and analyzed qualitatively, namely by describing, interpreting and systematically arranging logically according to the research objectives.

The Concept of Threshold
According to Jimly Asshiddiqie, setting the threshold is a mechanism that must be used in a presidential system with multiple parties. The president needs majority support in parliament. Without absolute support, the President is very likely to be less decisive in his efforts to move the course of government and dayto-day development. With this Threshold system, in the long term it is hoped that it will ensure the simplification of the number of political parties in the future.
The higher the threshold number, it is assumed that the faster the effort to achieve simplicity in the number of political parties. 2 Threshold is English, which is translated into Indonesian can mean threshold.
Meanwhile, in the Big Indonesian Dictionary (KBBI), 3 the threshold is defined as the level of the limit that can still be accepted or tolerated. This threshold is adopted in the electoral system, as a formula for calculating votes and seats in a Andrew Reynolds explained that the effective threshold is a setting born of mathematical calculations in the General Election system. The effective threshold is also translated as a hidden threshold or natural threshold because the law does not explicitly state the minimum percentage of votes that must be met. The effective threshold places the size of the electoral district as an important mathematical aspect in determining seat acquisition. 5

Threshold strengthen presidential system
The birth of a strong, stable, and effective presidential candidate to ensure the existence of a country requires a leader who is not only strong as President in the Executive Board but also has power in the legislative body in making decisions.
Presidential candidates with a strong and effective state leadership model create a presidential system in which the President as head of state and at the same time head of government, with a presidential system can carry out his authority properly and overcome state problems in the administration of government. The However, the super party coalition will give rise to a single candidate.

Seeing the results of the 2019 elections, the government of President Joko
Widodo, which is supported by 82% of political parties in parliament or referred to as a super coalition, raises speculation about the emergence of a single candidate pair in the upcoming Presidential Election (2024). This can be seen from the total this happens because the party coalition is not permanent and dynamic. In general, party coalitions are easy to share, especially when the general election is approaching, it is difficult to distinguish between supporting political parties and non-supporting political parties. 8

Political Cartel By Ruling Political Party
Political cartels are usually created from coalitions between political elites.
The elites of political parties join or form a coalition to minimize the losses that As it is known that the presidential threshold gives birth to a limited coalition of political parties. According to the presidential threshols symbol, it will give birth to pragmatic and transactional politics among political parties. This has resulted in the emergence of a gang coalition, which means that it is possible to create political parties that have difficulty finding a coalition that is unable to carry a presidential candidate because of the small number of seats and the threshold. 9 This single candidate was born because of the high dowry from the party bearer.
Then rationally, if there is a strong incumbent candidate, the candidate others will certainly calculate rationally. Instead of losing everything, it's better discouraged from becoming a candidate. Because they are just candidates had to pay the dowry.
Not to mention the funds that will be used for campaigns, funds to win voters'   The coalition was formed in the electoral arena with the main orientation being to win the election. political parties form a coalition and agree to cooperate voluntarily because of the closeness of the party's ideology or program. One form of party coalition is to conduct joint campaign activities to get the most votes in elections. But there are also coalitions formed only to meet the presidential nomination threshold as regulated in the Election Law. This allows political parties with 20% of seats to nominate themselves without having to form a coalition with other political parties. If not, then they are required to form a coalition with other political parties to achieve a minimum support amount of 20% of the DPR seats, so it is not surprising that the coalition of political parties is only used as a formality, not because it has the same goal for the progress of the nation.
The coalition of political parties is believed to be a place to conduct political transactions related to their respective interests. Political transactions carried out by means of bargaining for a certain power or position. This is corroborated by several data which state that the political parties in the coalition occupy strategic positions so that this is the reason that the formation of party coalitions only benefits certain groups.

Conclusion
The Parliamentary threshold is the basis for the presidential nomination threshold. if we look at the requirements for presidential nomination, those who fall into the category of political parties are those within the parliamentary threshold. Not only that, political parties are still going through the verification stage by the KPU to be designated as political parties participating in the election.
Political parties that pass the verification do not have the same rights in submitting presidential candidates in the general election, so the threshold model needs to be reviewed. With the stipulation of a political party as a political party participating in the general election by the KPU, it is deemed to have fulfilled the requirements in the nomination of a presidential candidate. Provisions related to the threshold are considered not only to produce a single candidate because of the formation of party coalitions that accumulate in one large and influential party but also to eliminate the rights of minority political parties in submitting presidential candidates and create political transactions that are influenced by high political costs. KPU is an election management body, if the KPU's job is to accommodate presidential candidates directly from the people and assign them to political parties, then it will not only minimize the occurrence of political cartels and low election costs, but also provide direct choices to the people as well as other alternatives in bringing up candidates. idealistic presidential candidate who will run in the upcoming election. One form of our democracy is holding direct elections by the people. It is the people who have the highest sovereignty in determining who deserves to be promoted as a presidential candidate by political parties, not merely the will of political parties as regulated in the law.