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All Journal Jurnal Abdi Insani Kajian Ilmiah Hukum dan Kenegaraan Dynamics of Politics and Democracy
Dollu, Daud Yaferson
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Journal : Dynamics of Politics and Democracy

 1 
Recht finding of the Constitutional Court In the perspective of the rule of law and democracy (Study of the Decision of the Constitutional Court of the Republic of Indonesia, Number: 90/PUU-XXI/2023) Dollu, Daud Yaferson; Karbeka, Yosua Pepris
Dynamics of Politics and Democracy Vol. 4 No. 2 (2025): February
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v4i2.3346

Abstract

Purpose: As a state of law, the demand to produce quality laws in Indonesia is very necessary and must not contradict the 1945 Constitution. All regulations formed must be subject to the Constitution. However, the formation of laws and regulations under it often contradicts the constitution and is challenged in the Constitutional Court. One example is a lawsuit against Law Number 7 of 2017 concerning General Elections, Article 169 letter q, which later issued decision Number 90/PUU-XXI/2023. This paper aims to describe the act of legal discovery through Constitutional Court rulings as a pillar of the state of law and democracy. Research methodology: This research uses normative legal research, which is doctrinal or theoretical legal research, applying statutory, case, historical, and conceptual approaches. Results: The findings concluded that the Constitutional Court was right in its decision to amend Article 169 letter q of Law Number 7 of 2017 concerning General Elections, in order to uphold the concept of the rule of law and democracy in Indonesia. Conclusion: The ruling of the Constitutional Court demonstrates its role as the guardian of the Constitution, ensuring that laws align with constitutional principles and reinforcing democratic values. Limitations: The limitation of this research lies only on the aspect of legal discovery authority by the Constitutional Court. Contribution: This study contributes to strengthening the authority of the Constitutional Court in the future in line with the development of the times.
Problem from MK powerful Number 90/PUU- XII/2023 related to article 169 letter Q Number 7 Year 2017 about general election (Election Law) Dollu, Daud Yaferson; Fatima, Rahman N.
Dynamics of Politics and Democracy Vol. 4 No. 2 (2025): February
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v4i2.3347

Abstract

Purpose: This study aims to examine the constitutional role and dynamics of the Indonesian Constitutional Court (MK) in moderating election regulations, ensuring democratic inclusivity, and maintaining public trust. The research focuses on how the MK contributes to upholding constitutional justice, political equality, and fair representation in Indonesia’s electoral system. Research Methodology: The study applies a normative juridical approach supported by doctrinal legal research. Primary data are derived from constitutional provisions, statutory regulations, and Constitutional Court decisions, while secondary data come from academic journals, books, and previous research. A comparative analysis is also used to evaluate Indonesia’s MK alongside similar institutions in other Asian countries. Results: Findings indicate that the Constitutional Court of Indonesia plays a pivotal role in moderating electoral regulations, such as easing strict nomination thresholds and resolving election disputes. These interventions enhance inclusivity and responsiveness in the electoral process, ultimately strengthening public trust in democracy. The analysis also highlights that the MK’s involvement is more significant compared to similar courts in other Asian democracies. Conclusions: The Constitutional Court is central to safeguarding democratic values, ensuring fairness in electoral processes, and upholding constitutional justice. Its active role underscores the importance of constitutional oversight in maintaining legitimacy and stability within Indonesia’s democratic system. Limitations: The study is limited to legal and doctrinal perspectives without empirical fieldwork, which may restrict the analysis of societal perceptions of the MK’s role.. Contribution: This research contributes to constitutional law studies by providing insights into the MK’s function in electoral democracy and offering recommendations for strengthening constitutional justice in emerging democracies.
Recht finding of the Constitutional Court In the perspective of the rule of law and democracy (Study of the Decision of the Constitutional Court of the Republic of Indonesia, Number: 90/PUU-XXI/2023) Dollu, Daud Yaferson; Karbeka, Yosua Pepris
Dynamics of Politics and Democracy Vol. 4 No. 2 (2025): February
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v4i2.3346

Abstract

Purpose: As a state of law, the demand to produce quality laws in Indonesia is very necessary and must not contradict the 1945 Constitution. All regulations formed must be subject to the Constitution. However, the formation of laws and regulations under it often contradicts the constitution and is challenged in the Constitutional Court. One example is a lawsuit against Law Number 7 of 2017 concerning General Elections, Article 169 letter q, which later issued decision Number 90/PUU-XXI/2023. This paper aims to describe the act of legal discovery through Constitutional Court rulings as a pillar of the state of law and democracy. Research methodology: This research uses normative legal research, which is doctrinal or theoretical legal research, applying statutory, case, historical, and conceptual approaches. Results: The findings concluded that the Constitutional Court was right in its decision to amend Article 169 letter q of Law Number 7 of 2017 concerning General Elections, in order to uphold the concept of the rule of law and democracy in Indonesia. Conclusion: The ruling of the Constitutional Court demonstrates its role as the guardian of the Constitution, ensuring that laws align with constitutional principles and reinforcing democratic values. Limitations: The limitation of this research lies only on the aspect of legal discovery authority by the Constitutional Court. Contribution: This study contributes to strengthening the authority of the Constitutional Court in the future in line with the development of the times.
Problem from MK powerful Number 90/PUU- XII/2023 related to article 169 letter Q Number 7 Year 2017 about general election (Election Law) Dollu, Daud Yaferson; Fatima, Rahman N.
Dynamics of Politics and Democracy Vol. 4 No. 2 (2025): February
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v4i2.3347

Abstract

Purpose: This study aims to examine the constitutional role and dynamics of the Indonesian Constitutional Court (MK) in moderating election regulations, ensuring democratic inclusivity, and maintaining public trust. The research focuses on how the MK contributes to upholding constitutional justice, political equality, and fair representation in Indonesia’s electoral system. Research Methodology: The study applies a normative juridical approach supported by doctrinal legal research. Primary data are derived from constitutional provisions, statutory regulations, and Constitutional Court decisions, while secondary data come from academic journals, books, and previous research. A comparative analysis is also used to evaluate Indonesia’s MK alongside similar institutions in other Asian countries. Results: Findings indicate that the Constitutional Court of Indonesia plays a pivotal role in moderating electoral regulations, such as easing strict nomination thresholds and resolving election disputes. These interventions enhance inclusivity and responsiveness in the electoral process, ultimately strengthening public trust in democracy. The analysis also highlights that the MK’s involvement is more significant compared to similar courts in other Asian democracies. Conclusions: The Constitutional Court is central to safeguarding democratic values, ensuring fairness in electoral processes, and upholding constitutional justice. Its active role underscores the importance of constitutional oversight in maintaining legitimacy and stability within Indonesia’s democratic system. Limitations: The study is limited to legal and doctrinal perspectives without empirical fieldwork, which may restrict the analysis of societal perceptions of the MK’s role.. Contribution: This research contributes to constitutional law studies by providing insights into the MK’s function in electoral democracy and offering recommendations for strengthening constitutional justice in emerging democracies.
Co-Authors Chatryen M Dju Bire Ermalinda, Jenny Fatima, Rahman N. Jacob, Yossie M Y Karbeka, Yosua Pepris Nono, Johanes De Brito Siga Nubatonis, Orpa Juliana Rachmadi, Moch Rizky Tallo, Daud Dima