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All Journal Constitutional Law Review HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan
Lisma Lisma
Institut Agama Islam Negeri Bone
Environmental Science Law, Crime, Criminology & Criminal Justice

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PERGESERAN MEKANISME PEMILIHAN KEPALA DAERAH DI INDONESIA DALAM PERSPEKTIF KONSTITUSIONAL DAN DEMOKRASI Lukman Ansar; Tarmizi Tarmizi; Lisma Lisma; Irfan Amir; Zulfadli Zulfadli
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 4 No. 2 (2025): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v4i2.1960

Abstract

The debate over shifting the mechanism for electing regional heads from direct popular election to election by the Regional People’s Representative Council (DPRD) has resurfaced in Indonesia’s constitutional discourse. This study aims to describe this shift in the mechanism for electing regional heads from the perspectives of constitutional law and regional democracy, with the principles of popular sovereignty and accountability of power serving as the primary foundations of the analysis. This study employs a normative legal research method with constitutional, conceptual, and theoretical approaches, utilizing primary and secondary legal materials such as legislation, court rulings, and relevant scholarly literature. The research findings indicate that the election of regional heads by the Regional People’s Representative Council (DPRD) is not merely a technical institutional change but carries structural implications for democratic legitimacy, patterns of local government accountability, and the quality of citizens’ political participation. This study contributes to the assertion that the various shortcomings of direct regional head elections should be addressed through reform and the strengthening of democratic institutions, not by reducing the people’s role in determining local leadership.
Restructuring Electoral Cycles: Remedial Calibration and Legislative Discretion in Indonesia’s Constitutional Court Decision No. 135/PUU-XXII/2024 Satriadi; Lisma Lisma; Lukman Ansar; Tarmizi; Sabar Podu; Wira Kafryawan; David Aprizon Putra
Constitutional Law Review Vol. 5 No. 1 (2026)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v5i1.6029

Abstract

Constitutional Court Decision No. 135/PUU-XXII/2024 restructures Indonesia’s electoral system by separating national and subnational elections and prescribing an interval of between two and two and a half years. This article evaluates the constitutional legitimacy of that intervention through doctrinal constitutional research and functional comparison. It develops a two-level framework distinguishing structural justification from remedial calibration. The analysis finds that the Court had a defensible constitutional basis for separating the two electoral cycles, given concerns relating to popular sovereignty, electoral quality, institutional capacity, political recruitment, and legislative inertia. However, the judgment provides a weaker constitutional and evidential basis for prescribing the precise temporal interval. It does not sufficiently explain why the selected minimum and maximum periods were necessary or why less intrusive remedies preserving greater legislative discretion would have been inadequate. The article argues that open legal policy neither immunises electoral legislation from review nor permits complete judicial displacement of legislative choice. Legitimate constitutional remedies must remain proportionate, evidence-based, and attentive to institutional competence.
Co-Authors Amir, Irfan Ansar, Lukman David Aprizon Putra Sabar Podu Satriadi Tarmizi Tarmizi Wira Kafryawan Zulfadli Zulfadli