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All Journal JIHAD : Jurnal Ilmu Hukum dan Administrasi
Isnaeni, MH.
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Law, Crime, Criminology & Criminal Justice

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Considering the Effectiveness of Local Democracy After the Separation of Elections: A Normative and Empirical Study of Constitutional Court Decision 135/PUU-XXII/2024 Isnaeni, MH.; Sukamdi, Sukamdi
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 3 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i3.9205

Abstract

Abstract: The Constitutional Court Decision Number 135/PUU-XXII/2024 has significantly reshaped Indonesia’s electoral architecture by mandating the separation of national and local elections. This study aims to assess the effectiveness of local democracy following this separation, using both normative and empirical approaches. The findings suggest that while separating elections may enhance voters’ focus on local issues, it also presents challenges related to budgetary burden, continuity of implementation, and regulatory complexity. The study recommends the harmonization of electoral regulations and the strengthening of electoral human resources capacity to ensure the sustainability of quality local democracy.
Reconstruction of the Election System Following Constitutional Court Decision Number 135/PUU-XXII/2024: A Legal-Normative Review of the Separation of National and Regional Elections Isnaeni, MH.
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 3 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i3.9264

Abstract

The Constitutional Court Decision Number 135/PUU-XXII/2024 marks a significant milestone in the reconstruction of Indonesia’s electoral system, particularly concerning the separation between national elections—including the presidential, DPR, and DPD elections—and regional elections for governors, regents/mayors, and local legislative councils (DPRD). This article focuses on analyzing the normative and institutional implications of the decision and its impact on the legal architecture of elections in Indonesia. Employing a normative juridical approach and drawing comparative insights from electoral systems in other democratic countries, this study finds that the separation of elections has the potential to enhance substantive democratic quality, improve voter focus, and reduce the technical and administrative burden on electoral bodies. Nonetheless, such a policy demands a comprehensive restructuring of the legal framework, including institutional design, the sequencing of electoral stages, and regulatory harmonization between central and regional authorities. Thus, the findings of this research serve as a conceptual foundation for advancing an electoral system that is more effective, representative, and aligned with democratic integrity principles.
Co-Authors Sukamdi