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All Journal Student Scientific Creativity Journal Journal of International Islamic Law, Human Right and Public Policy
Vergilius Septyanto Lamabelawa
Universitas Nusa Cendana
Religion Arts Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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A CONSTITUTIONAL-ETHICAL STUDY OF THE INDONESIAN CONSTITUTIONAL COURT DECISION NUMBER 62/PUU-XXII/2024 ON THE CONSTITUTIONALITY REVIEW OF THE PRESIDENTIAL THRESHOLD Cyrilius W.T. Lamataro; Vergilius Septyanto Lamabelawa; Jenny Ermalinda; Chatryen Megawati Dju Bire; Adhe Ismail Ananda
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21736827

Abstract

The Indonesian Constitutional Court Decision Number 62/PUU-XXII/2024 was not the first attempt by petitioners to challenge the constitutionality of the presidential threshold. From 2004 to 2023, the Court had examined at least 46 cases concerning the presidential threshold, most of which were declared inadmissible, rejected, partially granted, or withdrawn by the petitioners. This raises an important question: what considerations led the Court to change its constitutional stance on the presidential threshold? This study aims to examine the ratio decidendi of Constitutional Court Decision Number 62/PUU-XXII/2024 and to analyze its ethical-constitutional dimensions. This research employs normative legal research methods using statutory, case, and conceptual approaches. The findings show, first, that the ratio decidendi of the decision rests on the protection of the constitutional rights of political parties participating in elections, the guarantee of citizens’ political rights to vote and to be elected, and the purification of presidentialism through the strengthening of the checks and balances system in Indonesia. Second, the Court reconstructed its constitutional reasoning on the presidential threshold by taking into account the moral principles embedded in the Constitution. Its considerations regarding the political rights of citizens and political parties, as well as the logical fallacies underlying the presidential threshold, indicate that eliminating the threshold may strengthen rather than weaken Indonesia’s presidential system.
Peran Pemerintah Daerah Kabupaten Ngada dalam Upaya Pelestarian Uwi Reba Melalui Pembentukan Kebijakan Ursula Martini Bate; Norani Asnawi; Vergilius Septyanto Lamabelawa
Student Scientific Creativity Journal Vol. 4 No. 5 (2026): September: Student Scientific Creativity Journal
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/sscj-amik.v4i5.6274

Abstract

Globalization and the rapid development of science and technology have increasingly challenged the sustainability of local cultures. One cultural element facing such challenges is Uwi Reba, the main symbol of the Reba traditional ritual practiced by the Ngada community in East Nusa Tenggara, Indonesia. Although the ritual continues to be performed annually, the existence of Uwi Reba has gradually weakened due to declining awareness among younger generations, reduced community concern, and the limited role of local government in establishing cultural preservation policies. This study aims to analyze the role of the Ngada Regency Government in preserving Uwi Reba through policy formulation and to identify factors influencing such efforts. The research employed an empirical juridical method with a qualitative approach. Data were collected through interviews, observations, and document studies conducted in Bajawa District, Ngada Regency, and analyzed using descriptive qualitative techniques. The findings indicate that the Ngada Regency Government possesses the legal authority and legitimacy to preserve Uwi Reba within the framework of regional autonomy, cultural advancement, and administrative discretion based on living law values. From a socio-cultural perspective, preservation efforts have been supported through tourism development and local food promotion; however, these initiatives have not yet been accompanied by comprehensive and operational policies. Supporting factors include a strong legal foundation and support from customary communities, while constraints involve limited budget allocation, climate change, land conversion, declining youth participation, and weak inter-agency coordination. The study concludes that the local government's role in preserving Uwi Reba has not been fully effective due to the absence of integrated and sustainable policy measures.
Co-Authors Adhe Ismail Ananda Chatryen Megawati Dju Bire Cyrilius W.T. Lamataro Jenny Ermalinda Norani Asnawi Ursula Martini Bate