Constitutionale
Vol 7 No 1 (2026)

Political System Reform through the Abolition of the Presidential Threshold: An Analysis of Constitutional Court Decision Number 62/PUU-XXII/2024

Wendy Melfa (Universitas Bandar Lampung)
Renaldy Eka Putra (Universitas Lampung, Indonesia)



Article Info

Publish Date
12 Jun 2026

Abstract

Constitutional Court Decision No. 62/PUU-XXII/2024 declared Article 222 of Law No. 7 of 2017 on General Elections unconstitutional and without binding legal force, thereby abolishing the presidential threshold for nominating presidential and vice-presidential candidates. This study examines the implications of the decision for political system reform in Indonesia. Using a normative juridical method with statutory, conceptual, and case approaches, the study finds that the decision reflects the doctrine of open legal policy, which allows legislators to reformulate electoral regulations within constitutional limits. The abolition of the presidential threshold expands political competition, broadens leadership alternatives, and strengthens the principle of popular sovereignty. Viewed through the perspectives of responsive law and Roscoe Pound’s theory of law as a tool of social engineering, the decision serves as a catalyst for political reform by promoting a more inclusive, representative, and democratic electoral system.

Copyrights © 2026






Journal Info

Abbrev

constitutionale

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Constitutionale Journal is a scientific journal which is the dissemination of constitution and the constitutional law universally. The Constitutional Journal publishes articles that consist of research or conceptual studies regarding the study of basic rights in state’s constitution, election ...