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All Journal Indonesian Journal of Law and Policy Studies
Franky Aryadi
Universitas Muhammadiyah Tangerang
Law, Crime, Criminology & Criminal Justice Social Sciences

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Presidential Candidacy and Democratic Direction after Constitutional Court Decision 62/PUU-XXII/2024 Cahaya Fitri; Ahmad Ahmad; Salsabila Maharani; Netty Arieyani; Franky Aryadi; Edi Suharjono
Indonesian Journal of Law and Policy Studies Vol. 4 No. 1 (2023): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v4i1.15880

Abstract

This study seeks to examine the evolving landscape of presidential nominations and the trajectory of democracy following Decision No. 62/PUU-XXII/2024 of Indonesian constitutuional court, which abolished the presidential nomination threshold in Indonesia’s presidential elections. The research addresses how the removal of this threshold reshapes the nomination system, influences coalition-building patterns, and affects overall democratic quality. Employing a qualitative descriptive approach, the study relies on the analysis of judicial decisions, academic literature, and previous electoral data. The findings indicate that eliminating the nomination threshold opens greater space for alternative candidates who better reflect Indonesia’s political diversity. This reform reduces the dependence of smaller political parties on dominant parties and discourages the formation of superficial, purely pragmatic coalitions. Moreover, it weakens the structural dominance of major parties in controlling presidential nominations and creates opportunities for the emergence of a more robust opposition axis. Such developments are likely to foster a political environment that is healthier, more competitive, and more balanced. Consequently, the direction of democracy after this constitutional court ruling is expected to become more inclusive and to strengthen Indonesia’s multiparty political system.
The Role of the Constitutional Court in Safeguarding Democratic Dignity Junaidin Junaidin; Ahmad Ahmad; Gamal Abdul Nasir; Franky Aryadi; Rijal Ibnu Sani
Indonesian Journal of Law and Policy Studies Vol. 5 No. 2 (2024): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v5i2.15886

Abstract

This article examines the role of the Constitutional Court in maintaining the dignity of democracy. The method used in this research is the Normative Legal research method. The approaches used are the Legislative approach and the Conceptual approach. Constitutional democracy is a political system that affirms that power ultimately originates from the people, yet must be exercised within the limits set by the constitution. Democracy is not simply about five-yearly elections or the majority of votes. It is a system of values that must be maintained through a balance between popular sovereignty and constitutional supremacy. This is where the Constitutional Court (MK) comes into play.the guardian of the constitution at a time the guardian of democracy. Constitutional democracy places the basic law (the constitution) as the guiding principle for democratic practice, ensuring the guarantee of people's rights and preventing abuse of power. Indonesia's constitutional system, following the amendments to the 1945 Constitution, has moved toward constitutional democracy, with direct elections, human rights guarantees, and the strengthening of constitutional guardian institutions. However, democratic practice still faces challenges in the form of political oligarchy, money politics, and limitations in the constitutional courts.
Co-Authors Ahmad Ahmad Cahaya Fitri Edi Suharjono Gamal Abdul Nasir Junaidin Junaidin Netty Arieyani Rijal Ibnu Sani Salsabila Maharani