Tarmizi
Universitas Islam Negeri Alauddin Makassar

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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.
Negotiation of State and Customary Authority over Village Governance in Jayapura Regency Faisal; Lukman Ansar; Tarmizi; Dandi Wahyudin; Andi Sugirman
Al-Bayyinah Vol. 10 No. 1 (2026): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v10i1.11726

Abstract

This study aims to examine the dynamics of authority negotiations between state authorities and customary institutions in the administration of village governance in Jayapura Regency. Normatively, the existence of customary law communities is constitutionally guaranteed through Article 18B of the 1945 Constitution, which was further strengthened in Law Number 21 of 2001 concerning Special Autonomy for Papua. Using qualitative methods with a socio-legal approach, this study found that the Jayapura Regency Government, through Regional Regulation Number 8 of 2016, has taken progressive steps by integrating customary leadership structures into the formal administrative system through the Customary Village (Kampung Adat) scheme. The research findings indicate a dual power structure, in which Ondoafi performs roles encompassing governance, norm formation, and dispute resolution based on charismatic legitimacy that intersects with the demands of modern bureaucracy. The authority negotiation process is intense, particularly in the context of customary land (ulayat) management and conflict resolution through the Para-Para Adat mechanism, which, in practice, is considered more effective in maintaining social cohesion than formal judicial mechanisms. However, this integration still faces various obstacles, particularly the tension between state administrative standards and the genealogical and communal nature of traditional leadership. In conclusion, strengthening the position of Ondoafi as a liaison between investment interests and the protection of customary rights is a key factor in the successful implementation of special autonomy, while remaining within a framework of public accountability and respect for human rights principles.