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All Journal LAW REFORM
Fifiana Wisnaeni
Faculty of Law, Universitas Diponegoro
Law, Crime, Criminology & Criminal Justice

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Binding Legal Force of Supreme Court Decision over General Election Commission Madaskolay Viktoris Dahoklory; Fifiana Wisnaeni
LAW REFORM Vol 16, No 1 (2020)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (96.648 KB) | DOI: 10.14710/lr.v16i1.30305

Abstract

Election Commission Regulation Number 26 Year 2018 established by the General Election Commission as a Follow-up to the Constitutional Court Decision Number 30 / PUU-XVI / 2018 which basically prohibits candidates for Regional Representative Council who are concurrently acting as administrators of political parties but the General Election Commission's rules are canceled by the Supreme Court based on its decision Number 65 / P / HUM / 2018. The purpose of this study is to analyze and find out whether the Supreme Court's Decision has binding legal force over the General Election Commission. The research method used is juridical-normative and qualitative analysis. The research results show that the Supreme Court Decision which nullifies legal norms in the General Election Commission Regulation still has binding legal force because in principle every judge's decision must be considered valid according to the law until there is equipment (res judicata pro veritate habetur), as well as the juridical decision of the Supreme Court immediately published in the State news, with the enactment of the Supreme Court's Decision it would naturally become the basis for the validity of the a quo Decision. The decision issued by the Supreme Court indirectly gave birth to a legal obligation for the General Election Commission, for that the General Election Commission must carry it out properly. Therefore, the Election Supervisory Body needs to oversee the election commission in carrying out the mandate of the decision.
Diagnosing Electoral System Performance: A Juridical Analysis of Open-List Proportional Representation in Indonesia Fifiana Wisnaeni; Mujiono Hafidh Prasetyo; Madaskolay Viktoris Dahoklory; Jihyun Park
LAW REFORM Vol 22, No 2 (2026)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v22i2.74052

Abstract

Indonesia has used an open-list proportional representation system since the 2009 election to strengthen voter-representative linkage and internal party democratization. Yet persistent issues such as money politics, vote-buying, intra-party fragmentation, and low accountability of legislators question whether the system effectively converts voter choice into representative governance. This research diagnoses the performance of Indonesia’s open-list PR system through juridical analysis, focusing on its legal framework, implementation challenges, and compatibility with constitutional principles of popular sovereignty and fair representation. This research is normative juridical research using statutory, conceptual and case approach. The main sources are the Constitution 1945, Law No. 7/2017 on Elections and rulings of the Constitutional Court. Secondary Materials include academic literature and election reports 2009-2024. The results indicate that although the system legally broadens the choice of the voter, its effectiveness is compromised by the inadequate party institutionalisation, the loopholes in the regulation of campaign finance and the inconsistent jurisprudence of the Constitutional Court on election thresholds. It prioritizes individual popularity over party ideology, resulting in weak legislative cohesion. Conclusions that can be drawn are that the open-list system in Indonesia requires substantive reform through stricter campaign finance regulation, stronger internal party mechanisms, and a coherent constitutional interpretation to improve electoral accountability and systemic performance.
Co-Authors Jihyun Park Madaskolay Viktoris Dahoklory Madaskolay Viktoris Dahoklory Mujiono Hafidh Prasetyo