The 2019 general election calendar is left in less than two years, the political parties are already preparing for contestation every five years and political parties have the main task of maximizing popularity to gain popular support. While the legal umbrella of the simultaneous general elections for the election of the DPRD, DPR, DPD, president and vice president has been passed by the House of Representatives but leaves the home work of the Constitutional Court related parties who have not been able to accept the results of political decisions in parliament about the threshold of presidential or presidential threshold Which regulates political parties and coalitions of political parties must hold 20 percent of parliamentary seats or 25 percent of the national legitimate votes to be able to carry the presidential and vice presidential candidates. Presidential threshold is a hot issue that is still being debated after the enactment of the 2019 election law. Fair, small political parties and uneasy figures with PT 20% sued the Constitutional Court because Jhon F Kennedy said "victory has a thousand fathers, but defeat is an orphan (The victory has a thousand fathers, but defeat is an orphan). Why is the presidential nomination threshold necessary in the current reform era?".
Democracy Has a Historical Background
The concerns of some parties with the coat effect phenomenon when the president is chosen concurrently (simultaneously) with the election of DPR and DPRD influenced by who is elected president. The most well-informed voters have been more familiar with the Presidential Candidates than the more numerous members of the council. In addition to the political area for the Presidential candidate is wider than the legislative members who cover the entire territory of Indonesia. The method of the widening presidential campaign extends throughout the potential and potential non-potential areas of political support. Local and national legislative candidates are focused only on their territory. In this context, political parties that do not have a candidate candidate or who do not propose Capres are potentially less attention from constituents of voters. However, with the issuance of the 2019 election law as a visible appearance of coalition in Parliament in passing the 2019 election law, the map of the piercing force of 2019 presidential candidate has seen its political configuration.
Indonesia since the proclamation of independence chose the form of Republican government. In a basic sense, a republic is a country in which the reins of government finally branch off from the people. Strengthening the Republic's form is enhanced through the umbrella of the law in the 1945 Constitution regarding the basic provisions concerning the political system stipulated in the constitution written that the system of government used is a presidential system. Thus the president as head of government has enormous power in carrying out his duties.
The other basic provisions stipulated in the written constitution contained in the 1945 Constitution are the legislative and supervisory functions implemented by the Parliament. This body together with the President in charge of formulating the law. In addition to the law the President also stipulates government regulations. While the judicial power is reflected in its right to grant pardons, amnesty, abolition and rehabiliation. In conclusion, the Indonesian system of government does not follow the principle of Trias Politika purely. In addition, the affirmation of political parties agrees that presidential government becomes a political power in the political system in Indonesia. However, this real condition would still be easily broken if there is a greater interest. This is due to the power of multi parties that can veto presidential policy system.
It is interesting to note the stability of government and representation, the old order era and the Reformation in modern political theory that can not be separated from the thesis constructed by Scott Mainwaring (1993) entitled, "Presidentialism, Multipartism, and Democracy: The Difficult Combination", that presidential government with Compound party system is a difficult combination and a dilemma. This thesis is continually a serious concern with regard to democratization which must accommodate all the potentials and groups within a country.
In a subsequent study, Scott Mainwaring and Mathew Soberg Shugart's Study in Presidentialism and Democracy in Latin America (1997) said that a combination of presidential and multiparty systems would give birth to a minority president and ultimately result in a government devided. The president will be politically hosted, as it is difficult to get extreme fragmented political support in parliament.
On the other hand, the importance of an effective governance system. Mainwaring theoretically says, effective government is a process of formation and implementation of public policy by public institutions that are in harmony with the aspirations and desires of the people based on the prevailing laws and regulations. The urgency of effective governance, governmental activity becomes more responsive. The government will try to translate people's wishes into public policy that impacts government activities more supported by various political forces and society. This energy will make the achievement of the government's activities widespread because of the participation of the community and the political power in the implementation of general government functions such as providing public services, regulating conflicts, as well as the sharing of economic resources. And the last effective government will enable long-term stable activities. The less distortion and interruption of government processes will make achieving the goals of the state and the nation easier.
Building the Leader Power
Since the era of reform that has passed through the reign of President Abdurrahman Wahid, Megawati Soekarnoputri, SBY-JK era presidential system practice in Indonesia always presents minority government. The phenomenon of tension between the power of political parties and the president through coloring the president's political policy. This condition when compared to the Orla era with the ups and downs of the Cabinet with a very diverse demands from political parties that thrived about 140 political parties before being simplified in the New Order era into 3 political parties aims to strengthen the presidential system to achieve the development targets of Repelita.
Reflecting on the issue of minority government, the emergence of awareness from Political Parties participating in the 2014 election to return to the constitutional point that presidential power becomes the main pillar in democracy aimed at the welfare of the people. The struggle of political parties after the election of 2014 by determining only two presidential candidates who contested in the election: Prabowo - Hatta Rajasa and Jokowi - Jusuf Kalla, the map of inter-party politics more dynamic and more constructive in building democracy, compared to previous presidential elections. The splitting of political power is equally ideological (nationalist-religious). Coalition of Gerindra, PAN, PPP, PKS, PBB and Golkar Party carrying candidate pair Prabowo - Hatta. Meanwhile, Jokowi - JK pair is supported by PDI Perjuanga, PKB, Hanura, PKP Indonesia and Nasdem Party.
The democracy party has been three times since the change of the 1945 Constitution and four times in the reform era so that it has been full of experience of the political system in Indonesia in making democratic adjustments. The more delayed the presidential color will affect the mistrust of the public against the political party. Like or dislike, complicated or uncomplicated problematical presidential system that has become the agreement of the founders of the nation in determining the form of Republican government and based on the historical record of Indonesia berdemocracy has been accumulated with the system of presidential threshold as a real form of size size support people support democracy.
Giovani Sartori states "the problems of presidentialism are not in the executive arena but in the legislative arena (the problem of presidentialism is not in the executive but in the legislative region)". Meanwhile, Juan Linz and Arturo Velenzuela in The Failure of Presidential Democracy; The Case of Latin America (1994) says that the presidentialism applied to multiparty political constructions tends to create conflicts between the presidential institution and the parliament and will bring about an unstable democracy. This condition encourages double legitimacy because both institutions are elected by the people. Completion of the 2019 Election Law becomes the dynamics of Indonesian nation in managing its government system based on historical construction not based on momentum of interest to power. Presidential threshold 20% is point of no return for democracy in Indonesia in the future, so why should it be sued and rejected?.
*) The author is a Graduate student and Community Studies Comparative Studies of Economics-Politics.