al-Afkar, Journal For Islamic Studies
Vol. 9 No. 2 (2026)

The Constitutional Court's Authority to Adjudicate Disputes Over Regional Head Election Results (Pilkada) Following MK Decision No. 85/PUU-XX/2022: A Siyasah Qadhaiyyah Perspective

Annisa D Putri Ramansyah (Unknown)
Bobang Noorisnan Pelita (Unknown)
Taufiq Alamsyah (Unknown)



Article Info

Publish Date
21 May 2026

Abstract

Regional head election disputes require a constitutionally stable resolution mechanism. This study aims to analyze the shift in the Constitutional Court's authority following Decision Number 85/PUU-XX/2022 and its implications for legal certainty and separation of powers through a Siyasah Qadhaiyyah perspective. A normative juridical method was applied through analysis of legislation, court decisions, and Islamic constitutional law literature. The study finds that the decision permanently establishes the Court's authority over Pilkada disputes, yet produces jurisprudential inconsistency by reinterpreting constitutional norms without formal amendment, risking legal uncertainty and judicial overreach. In conclusion, from a Siyasah Qadhaiyyah perspective, this expansion deviates from the principles of justice, trustworthiness, and balance of power, necessitating a more consistent and accountable regulatory framework.

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Journal Info

Abbrev

Afkar_Journal

Publisher

Subject

Social Sciences

Description

al-Afkar, Journal for Islamic Studies is published by Association of Secondment Lecturers (Asosiasi Dosen DPK) UIN Sunan Gunung Djati Bandung Indonesia. Focus of al-Afkar, Journal for Islamic Studies is on publishing original empirical research articles and theoretical reviews of Islamic Studies, ...