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Implikasi Putusan MK No. 90/PUU-XXI/2023 terhadap Fungsi Rekrutmen Politik Demokratis di Indonesia: The Implications of Constitutional Court Decision No. 90/PUU-XXI/2023 on the Function of Democratic Political Recruitment in Indonesia Alvito Adiansyah; Aulia Putri Maharani; Fairuz Arkan Fatihah; Lia Wulandari
LITERA: Jurnal Ilmiah Mutidisiplin Vol. 3 No. 1 (2026): LITERA: Jurnal Ilmiah Multidisiplin
Publisher : Litera Academica Publishing

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Abstract

This study analyzes the implications of Constitutional Court Decision No. 90/PUU-XXI/2023 on the function of elections in democratic political recruitment in Indonesia. The decision revised the age requirement for presidential and vice-presidential candidates, permitting individuals under 40 to run if they previously held an elected office, sparking controversy over alleged conflicts of interest and ethical violations. This research employs a qualitative case study approach, with data obtained through documentary study of the Constitutional Court's decision, the Constitutional Court Honorary Council's ruling, and relevant academic literature, analyzed using content analysis through Schumpeter's concept of electoral democracy and Dahl's theory of polyarchy. The findings reveal three conclusions: first, the change in candidacy requirements amid an ongoing electoral cycle violated the principles of equality and competitive stability; second, the proven ethical violation by the Chief Justice showed that the recruitment process lacked institutional independence; and third, the decision risks becoming a medium-term legal precedent that strengthens oligarchy and political dynasties, threatening future political recruitment. Overall, these findings indicate that the function of elections as a democratic recruitment mechanism has been distorted at the substantive and institutional levels, underscoring the need for judicial independence, regulatory stability, and fair political competition to sustain Indonesian democracy.
Keterwakilan Politik Perempuan Pasca Pemilu: Analisis Representasi Substantif Perempuan dalam Kepemimpinan Khofifah Indar Parawansa di Jawa Timur Cendana Anabel; Nabilah Nameera Ruzdy; Naura Rania Bari; Lia Wulandari
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 5 No. 2 (2026): Juni: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v5i2.6285

Abstract

Women's political representation in Indonesia has continued to increase. However, women's success in attaining political office does not necessarily lead to the substantive representation of women's interests. This study aims to analyze how Khofifah Indar Parawansa's political representation as a female leader is translated into substantive representation through policies and public statements during her tenure as Governor of East Java. This research employs a qualitative method with a library research approach and content analysis of relevant academic literature, official documents, and news articles. The analysis is based on Hanna Pitkin's theory of political representation, particularly the concepts of descriptive and substantive representation. The findings indicate that Khofifah's position as a female governor reflects descriptive representation, while her policies on women's and children's protection, women's economic empowerment, and her consistent advocacy of gender equality demonstrate a tendency toward substantive representation. These findings suggest that the quality of women's political representation is determined not only by electoral success but also by the ability to translate political mandates into policies that advance women's interests.