Abdul Wachid Habibullah
Faculty of Law, Universitas Trunodjoyo Madura, Indonesia

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The Development of Interpretations of Structured, Systematic and Massive Violations in the 2024 Regional Head Elections Mohammad Syaiful Aris; Muwaffiq Jufri; Ousu Mendy; Abdul Wachid Habibullah; Paul Atagamen Aidonojie
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 2 (2026): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v14i2.1882

Abstract

This study examines the development of the Constitutional Court’s interpretation of Structured, Systematic, and Massive (TSM) violations in the settlement of disputes arising from the 2024 Regional Head Election. The analysis is grounded in theory of judicial interpretation, constitutional justice, and substantive justice to explain the Court’s evolving constitutional reasoning in safeguarding electoral integrity. This research employs doctrinal legal research using statutory and case approaches, analysing forty Constitutional Court decisions concerning 2024 Regional Head Election disputes that proceeded to the evidentiary hearing stage. The study finds that the Constitutional Court’s interpretation of TSM violations has evolved from a predominantly vote-count-oriented assessment toward a broader constitutional evaluation of whether serious electoral violations substantially affected the integrity and legitimacy of election results. Rather than disregarding vote calculation, the Court treated proven TSM violations as constitutionally relevant where they distorted the fairness of the electoral process and ultimately affected the validity of election outcomes. This development reflects a shift from a predominantly procedural approach toward a model of constitutional justice that places greater emphasis on substantive justice in election dispute adjudication. The Court also recognised new forms of TSM violations, including the involvement of high-ranking state officials, the mobilisation of village heads, violations of the cooling-off period applicable to former convicts, falsification of administrative documents, and violations of constitutional term limits. This study contributes to the development of constitutional jurisprudence on TSM violations and provides a normative framework for strengthening the future settlement of regional election disputes in Indonesia.