Mekanisme Pengusulan Bakal Calon Presiden dan Wakil Presiden oleh Partai Politik dalam Perspektif Hukum Tata Negara Indonesia dan Amerika Serikat

Abstract

The proposal of prospective candidates for President and Vice President constitutes the authority of political parties within the Indonesian constitutional system. This research compares the mechanisms for proposing prospective candidates in Indonesia and the United States in order to formulate an ideal concept for the nomination of presidential and vice-presidential candidates. Based on this background, the research addresses three main issues: the role of political parties in proposing prospective candidates for President and Vice President within the Indonesian constitutional system; the mechanism for proposing prospective presidential and vice-presidential candidates in the constitutional system of the United States; and the ideal concept of the nomination mechanism in Indonesia based on a comparison with the United States. This research employs a normative juridical method using statutory, conceptual, and comparative law approaches. The data were obtained from primary legal materials, secondary legal materials, and relevant non-legal materials, which were then qualitatively analyzed to understand the normative framework and practical implementation of the nomination of presidential and vice-presidential candidates within the party systems of Indonesia and the United States. The findings indicate that the mechanism for proposing prospective candidates for President and Vice President in Indonesia remains centralized and elitist, with dominant authority concentrated among central party elites and limited involvement of party members and voters. In contrast, the nomination mechanism in the United States is conducted in a more open and participatory manner through the primary and caucus processes at the state level, which directly influence the selection of candidates at the party’s national convention. Based on this comparison, the research emphasizes the importance of formulating an ideal mechanism for proposing presidential and vice-presidential candidates in Indonesia that is more democratic, transparent, and accountable within the framework of the party system.