Baharuddin Riqiey
Universitas Narotama, Indonesia

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Beyond Judicial Review: Constitutional Court Decision No. 62/PUU-XXII/2024 as a Landmark Decision Baharuddin Riqiey; Yuriadi
Jurnal Mengkaji Indonesia Vol. 5 No. 1 (2026): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v5i1.2441

Abstract

Abstract: The regulation of the presidential threshold has consistently been regarded by the Indonesian Constitutional Court as falling within the exclusive domain of the legislature, as reflected in at least 34 prior decisions. However, both constitutional theory and practice acknowledge that courts may depart from established positions when confronted with new legal and social realities. Such decisions, which significantly shift judicial reasoning, are often characterized as landmark decisions. Despite the importance of this concept, there remains a gap in systematically assessing whether specific Constitutional Court rulings meet the established criteria of a landmark decision, particularly in the Indonesian context. This study addresses that gap by evaluating Constitutional Court Decision Number 62/PUU-XXII/2024 against the criteria proposed by Amran Suadi. The findings demonstrate that the decision satisfies all five key criteria, namely final and binding authority, the presence of legal discovery, responsiveness to evolving social dynamics, contribution to the direction of legal development, and its unprecedented nature in judicial reasoning. Accordingly, this decision can be classified as a landmark decision with significant doctrinal and practical implications for Indonesian constitutional law. Purpose: This study aims to evaluate whether Constitutional Court Decision Number 62/PUU-XXII/2024 qualifies as a landmark decision based on established legal criteria. Design/Methodology/Approach: This research employs a normative legal method, utilizing a statutory, conceptual, and case-based approach to analyze the decision in light of relevant legal doctrines and scholarly frameworks. Findings: The study finds that Decision Number 62/PUU-XXII/2024 fulfills all criteria of a landmark decision, including its binding nature, innovative legal reasoning, responsiveness to societal changes, influence on future legal development, and its departure from prior judicial positions. Originality/value: This research offers a systematic application of landmark decision criteria within the Indonesian constitutional context, providing a structured evaluation that contributes to the development of constitutional jurisprudence and judicial analysis.
Gender Justice: Implementation of Quotas for Female Representation Among Constitutional Court Judges in Indonesia Baharuddin Riqiey; Avany Mahmudah; Sukardi Sukardi; Fersanda Batrysia Alaina
Mimbar Keadilan Vol. 19 No. 2 (2026): Agustus 2026
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v19i2.132889

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Since the Constitutional Court was established, male constitutional judges have always dominated the court. There have only been two female constitutional judges in Indonesia since the Constitutional Court was established. The absence of regulations regarding quotas for female representation among constitutional judges is one of the factors contributing to this situation. This certainly has the potential to cause gender inequality and prevent equal opportunities in government. Therefore, this study aims to examine and analyze the implementation of quotas for female representation among constitutional judges in Indonesia and its urgency. This research is legal research with a legislative, conceptual, case, and comparative approach. The results of this study show that practices in various countries, such as South Korea and Austria, have involved women in their constitutional courts. This is in contrast to Indonesia, which only involves one out of every nine constitutional judges. Therefore, it is necessary to regulate the representation of women in the Indonesian Constitutional Court to a minimum of 30% or one from each proposing institution. This is to: (i) create a constitutional practice in accordance with the mandate of Article 28D paragraph (3) and Article 28H paragraph (2) of the 1945 Constitution of the Republic of Indonesia; (ii) realize the objectives of the Sustainable Development Goals (SDGs); (iii) provide a women's perspective on the review of laws and regulations related to women and children; and (iv) achieve gender equality.