'ADALAH
Vol. 10 No. 1 (2026)

The Authority of the Constitutional Court as a Negative Legislator in Decision No. 135/PUU-XXII/2024: Constitutional Analysis and Its Implications for Indonesia’s Electoral System

Wahyudi, Rizal (Unknown)
Aji Putra, Gilang Rizki (Unknown)



Article Info

Publish Date
04 May 2026

Abstract

This study examines the authority of the Mahkamah Konstitusi as a negative legislator in Decision No. 135/PUU-XXII/2024 and its implications for Indonesia’s electoral system. In principle, the Court functions as a negative legislator, whose role is limited to annulling unconstitutional norms without creating new legal norms. However, the decision separating national and local elections has generated significant debate regarding the boundaries of the Court’s authority. This research aims to analyze whether the Court, in this decision, remains within its role as a negative legislator or has shifted toward a positive legislator, as well as to assess the implications of such a shift on the electoral system. This study employs normative legal research using statutory, conceptual, and case approaches. The findings indicate that Decision No. 135/PUU-XXII/2024 reflects a tendency of the Court to formulate new legal norms, thereby suggesting a shift toward a positive legislator role. Nevertheless, this shift may be justified within the framework of constitutional interpretation, particularly in addressing legal gaps through judicial law-finding. The implications of this decision extend beyond electoral system design, affecting the principles of separation of powers and constitutional stability in Indonesia. Keywords: Constitutional Court, Negative Legislator, Positive Legislator, Electoral System, Constitutional Law

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Journal Info

Abbrev

adalah

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

ADALAH is “one of the ten most influential law journals in the world, based on research influence and impact factors,” in the Journal Citation Reports. ADALAH also publishes student-written work.Adalah publishes pieces on recent developments in law and reviews of new books in the field. Past ...