Journal of International Islamic Law, Human Right and Public Policy
Vol. 4 No. 3 (2026): September

A CONSTITUTIONAL-ETHICAL STUDY OF THE INDONESIAN CONSTITUTIONAL COURT DECISION NUMBER 62/PUU-XXII/2024 ON THE CONSTITUTIONALITY REVIEW OF THE PRESIDENTIAL THRESHOLD

Cyrilius W.T. Lamataro (Universitas Nusa Cendana)
Vergilius Septyanto Lamabelawa (Universitas Nusa Cendana)
Jenny Ermalinda (Universitas Nusa Cendana)
Chatryen Megawati Dju Bire (Universitas Nusa Cendana)
Adhe Ismail Ananda (Universitas Nusa Cendana)



Article Info

Publish Date
03 Jul 2026

Abstract

The Indonesian Constitutional Court Decision Number 62/PUU-XXII/2024 was not the first attempt by petitioners to challenge the constitutionality of the presidential threshold. From 2004 to 2023, the Court had examined at least 46 cases concerning the presidential threshold, most of which were declared inadmissible, rejected, partially granted, or withdrawn by the petitioners. This raises an important question: what considerations led the Court to change its constitutional stance on the presidential threshold? This study aims to examine the ratio decidendi of Constitutional Court Decision Number 62/PUU-XXII/2024 and to analyze its ethical-constitutional dimensions. This research employs normative legal research methods using statutory, case, and conceptual approaches. The findings show, first, that the ratio decidendi of the decision rests on the protection of the constitutional rights of political parties participating in elections, the guarantee of citizens’ political rights to vote and to be elected, and the purification of presidentialism through the strengthening of the checks and balances system in Indonesia. Second, the Court reconstructed its constitutional reasoning on the presidential threshold by taking into account the moral principles embedded in the Constitution. Its considerations regarding the political rights of citizens and political parties, as well as the logical fallacies underlying the presidential threshold, indicate that eliminating the threshold may strengthen rather than weaken Indonesia’s presidential system.

Copyrights © 2026






Journal Info

Abbrev

ojs

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

This journal emphasizes specifics in the discourse of Islamic Law and Humanity, as well as communicating actual and contemporary research and problems related to Islamic studies. This journal openly accepts contributions from experts from related scientific disciplines. All articles published do not ...