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Hananto Widodo
Faculty of Law, Universitas Negeri Surabaya
Law, Crime, Criminology & Criminal Justice

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Reassessing Electoral Design and Constitutional Consistency in Indonesia Febrianti Puspitasari; Hananto Widodo; Alfalah Fadhilah Fiisabilillah
NOVUM : JURNAL HUKUM Vol. 12 No. 4 (2025): Law as Normative Rationality: Ontological Foundations of Rights, Governance, a
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v12i4.76589

Abstract

This study is motivated by the Constitutional Court's paradigm shift in interpreting the design of general elections in Indonesia, from initially promoting simultaneous elections through Decision Number 14/PUU-XI/2013 to emphasizing the separation between national elections and regional head elections. The focus of this research is the legal implications of this separation on the presidential system of government as well as budget efficiency and the effectiveness of government administration within the framework of the Unitary State of the Republic of Indonesia. The research uses a normative legal method with a legislative, conceptual, and case approach, through qualitative analysis of the 1945 Constitution, Constitutional Court decisions, as well as scientific literature and journals based on the theories of Democracy, Authority, the Presidential System, the Unitary State, and the Open Legal Policy doctrine. The results of the study show that Constitutional Court Decision Number 135/PUU-XXII/2024 reflects the Court's inconsistency in applying the Open Legal Policy doctrine, which has an impact on disrupting the synchronization of national policies, increasing the budget burden, and the potential for weakening government stability, so that it is not yet fully in line with the spirit of constitutional integration and effective governance.
The Analysis of Constitutional Court Decision Number 114/PUU-XX/2022 Regarding the Judicial Review of the Proportional System in General Elections Dwi Altin Fajrunnafi'; Hananto Widodo
NOVUM : JURNAL HUKUM Vol. 13 No. 1 (2026): Novum: Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v13i1.79223

Abstract

This study analyzes Constitutional Court Decision Number 114/PUU-XX/2022 concerning the judicial review of Law Number 7 of 2017 on the general election proportional system in Indonesia. The issue arises from a perceived constitutional inconsistency between the open-list proportional system adopted in the law and the 1945 Constitution, particularly in how it diminishes the institutional role of political parties in elections. The petitioners argued that the current system undermines party functions, promotes individualism, and facilitates money politics. The objective of this study is to critically assess the Constitutional Court's decision, which rejected the petition on the grounds of open legal policy and lack of legal reasoning. It also aims to evaluate whether the Court should have adopted a judicial activism approach in reviewing the proportional electoral system. Using a normative juridical method, the research relies on primary and secondary legal sources, including statutory regulations and constitutional principles, to analyze the legal reasoning behind the Court's decision and its broader implications. The findings suggest that although the Court emphasized legislative discretion, it missed an opportunity to assert its role as a negative legislator to address the legal and moral inconsistencies of the open-list system. The study concludes that a limited open proportional system may serve as a more balanced alternative—preserving voter choice while reinforcing political party roles. Strengthening party cadre systems is also recommended to ensure democratic integrity and effective political representation.
Co-Authors Alfalah Fadhilah Fiisabilillah Dwi Altin Fajrunnafi' Febrianti Puspitasari