Jurnal Ilmiah Hukum LEGALITY
Vol. 34 No. 1 (2026): March

The Design to Limit Regulations Governing Regional Head Elections

Siboy, Ahmad (Unknown)
Rafiqi, Ilham Dwi (Unknown)



Article Info

Publish Date
28 Mar 2026

Abstract

This research seeks to elaborate on the urgency and the design offered to limit regulations governing regional head elections (Pilkada). The main problem identified is the distribution of regional election norms across various types of regulations, which causes anomalies, conflicting norms, and dualism of interpretation by judicial institutions, such as differences in decisions between the Supreme Court and the Constitutional Court. Using normative-juridical research methods and statutory, conceptual, historical, and case-based approaches, this research reveals that the limitation in question serves as the initial milestone in constructing fair, effective, and efficient legal frameworks to regulate Pilkada with legal certainty. Philosophically, limiting the proliferation of norms is necessary to maintain the integrity of the local democratic system through the dimensions of ontology, epistemology, and axiology. The results of the study indicate that the most ideal design for limiting regional election regulations consists of three levels: the 1945 Constitution of the Republic of Indonesia as the constitutional basis, the Law as the primary regulation, and the Regulation of the Election Organising Institution (especially the General Elections Commission) as the technical delegation regulation. This model is considered the most appropriate, as it covers everything from abstract norms to concrete technicalities, guarantees legal certainty, and minimizes the influence of elite political interests in shaping regulations. The implementation of this design is expected to realise a more democratic, accountable, and equitable regional election governance.

Copyrights © 2026






Journal Info

Abbrev

legality

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international ...