Provisions on the threshold of votes as stipulated in Article 8 paragraph (1) and paragraph (2) of Law No. 8 Year 2012 on the Election of Members of Parliament, Council and Parliament (Elections Act), in the opinion of the Government, Parliament and Parliament participating in the election is a political party (parties) who meet the threshold values of parliament (parliamentary threshold) 2.5% in the 2009 election. Or parties who already have seats in Parliament as a representative of the people’s support, and political party that passed the verification of the KPU.

Participated in the 2014 election requirements referred to in Article 8 paragraph (2) is synchronous with the General Election Law No. 2 of 2008 Law on Political Parties, as amended by Act No. 2 of 2011 on Amendments to Law No. 2 of 2008 on Political Parties.

It is also in accordance with the Constitutional Court ruling which states that political parties are legal entities do not need to be verified to be a legal entity. "Thus, the political parties that already have a seat in the House no longer need to be verified to be participating in the election."

 Similarly, Bambang Kusumajadi said when delivering the opening statement of the Government in judicial hearings and formal election law in the Constitutional Court (MK), Tuesday (17/07/2012). Trial a third time for the combined case 51/PUU-X/2012, 52/PUU-X/2012, 54/PUU-X/2012 and 55/PUU-X/2012, hear statements of the Government, Parliament and the Witness / Expert from the Petitioner and the Government. Application for judicial review and the formal election law was put forward by each of the Society for General Elections and Democracy (PERLUDEM) et al, Ulema National Awakening Party (PKNU) et al, the Indonesian Nationalist Party (PNI) et al, and the National Democratic Party (NasDem).

The Government further stated, discussion of the formation of the Election Law has been considering the things that are fundamental to choose the members of the House of Representatives, and the parliament through the election as the embodiment of popular sovereignty means for generating an aspiration representatives, quality, and responsibility based on Pancasila and the Constitution of 1945. Elections must guarantee the people’s voice signals to pass through a direct, public, free, confidential, honest and fair.

Regarding the magnitude of the problem followed the electoral threshold value threshold / ET and the parliamentary threshold / PT, according to the Government; it is the authority of the former Act. PT is a minimal level of support should be obtained from parties to gain representation in parliament.

Article 8 paragraph (1) election law means that the political parties that meet the PT in the last election, made as ET for the next election. Thus, the Election Law of 2009 imposed a PT as ET in 2014 to complete the requirements as stipulated in Article 8 paragraph (2) Election Law.

The implementation of the national PT is expected to create synergy program launched by central and local governments. Facts that happened before, often the central government launched a program inconsistent with existing programs in the area. This is due to each political party representation in parliament and parliament due to different background in the 2009 elections, political parties represented in parliament does not necessarily have a representation in Parliament, and vice versa. "It really affects the synergy program development in central and local governments so that the organization is less effective," added Kusumajadi.

Then associated with a nationally valid votes to be gained political parties to gain seats in parliament, parliament in a democratic election, overflow and Jurdil, precisely the terms of the achievement of the parties obtained through the democratic process which was submitted to the people elect a sovereign. "It as well as a measure of whether the political parties who participated in the 2014 elections to get support from the people," explained Kusmajadi.

Meanwhile, Eros Djarot when ordered as a witness the applicant’s claim, the revision of the Election Law every five years illustrates the uncertainty of the political and legal uncertainty. The legality of political parties so that the regeneration wanders blindly neglected. For the benefit of a second, the revision process of the formation of the Election Law and Election twisted into a law that has no normative principles and away from the logic of the law. "The process of formation of election law that could potentially give birth to prolonged horizontal conflicts must be prevented and corrected total," said Eros. (Rosihin Nur Ana / mh/Yazid.tr)