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All Journal Jurnal Bina Mulia Hukum
Budiyono Budiyono
Faculty of law, Universitas Lampung
Law, Crime, Criminology & Criminal Justice

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Dynamics of Judicial Review of Presidential Candidate Requirements from the Perspective of Citizens' Constitutional Rights Renaldy Eka Putra; Budiyono Budiyono
Jurnal Bina Mulia Hukum Vol. 10 No. 2 (2026): Jurnal Bina Mulia Hukum Volume 10 Number 2 March 2026
Publisher : Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24198/jbmh.v10i2.2426

Abstract

The presidential threshold in Article 222 of Law 7/2017 has triggered long-standing constitutional debates. While previously upheld as an open legal policy, it is often criticized for limiting citizens' rights to be elected and participate equally in elections. This study aims to analyze the shifting dynamics of the Constitutional Court's stance regarding Article 222 from 2017 to 2025, specifically focusing on the transition from rejecting petitions to granting the judicial review in Decision Number 62/PUU-XXII/2024. This research provides a fresh perspective by tracking the judicial evolution leading to the landmark 2024 decision, highlighting a significant departure from previous jurisprudence regarding presidential candidacy thresholds. The study employs a normative juridical method with doctrinal and decisional approaches, analyzing Constitutional Court decisions directly related to the presidential threshold review. The findings reveal a shift from prioritizing lawmakers' discretion to protecting constitutional rights and equality in presidential nominations. While eliminating the threshold expands political participation and strengthens substantive democracy, it simultaneously creates new constitutional challenges regarding the relationship between the Court and lawmakers.
Co-Authors Renaldy Eka Putra