Indonesian Presidential Candidacy on Constitutional Democracy Perspective

This research discusses about the background of the policy which is established in the 1945 Constitution of the Republic of Indonesia and Law No. 42 of 2008 concerning President and Vice President General Election which does not arrange independent candidate in President and Vice President General Election and in the perspective of constitutional and democracy state whether the proposal of President and Vice President candidate becomes the rights of political party only or not. Independent candidate is not arranged in the 1945 Constitution of the Republic of Indonesia and Indonesian Law No. 42 of 2008 concerning President and Vice President General Election in the President and Vice President Election to build the solid and credible government supported by political parties in Indonesian Legislative Assembly. Normatively, this reason discriminates the citizens who have fulfilled the requirement in Article 6 Paragraph 1 of the 1945 Constitution of the Republic of Indonesia and Article 5 of Indonesian Law No. 42 of 2008 concerning President and Vice President Election and in the opposition of Article 27 Paragraph 1 and Article 28D Paragraph 1 and 3 of the 1945 Constitution of the Republic of Indonesia which warrants the equality of citizens in the law and government, and theoretically, it is not on the constitution which is made to limit and control the political power to warrant citizens’ rights. Philosophically, this policy delegitimizes the citizens’ rights in voting president according to principle of equality before the law, and the equal action for every citizen. Presidential nomination rule which does not open independent candidates and requires candidates of political parties shows the dominance of legislative over executive that legalized in the constitution. The candidacy of President and Vice President in the perspective of constitutional and democracy state does not in political parties only, but also the independent, because with the citizens’ participation in democracy cannot be limited in political parties only. By opening of independent candidates in President and Vice President Election the constitutional awareness effect nationally will occur.