Journal of Law, Poliitic and Humanities
Vol. 6 No. 5 (2026): (JLPH) Journal of Law, Politic and Humanities

A Legal Analysis of Constitutional Court Ruling Decision Number 195/PUU-XXIV/2026 on the Affirmation of Direct Popular Elections for Regional Heads from the Perspective of the 1945 Constitution of the Republic of Indonesia

Juanda Juanda (Universitas Esa Unggul Jakarta)
Ogiandhafiz Juanda (Universitas Esa Unggul Jakarta)



Article Info

Publish Date
10 Aug 2026

Abstract

This study aims to analyze the legal reasoning and constitutional implications of Constitutional Court Decision Number 195/PUU-XXIV/2026 concerning the judicial review of Article 1 paragraph (1) of Law Number 8 of 2015 on the Election of Governors, Regents, and Mayors, as last amended by Law Number 6 of 2020. The petition was submitted on the grounds that the phrase "directly" created legal uncertainty and potentially allowed the regional head election mechanism to be shifted to representative institutions. This research employs a normative legal research method using statutory, conceptual, and case approaches. The legal materials consist of the 1945 Constitution of the Republic of Indonesia, statutory regulations, Constitutional Court Decision Number 195/PUU-XXIV/2026, and relevant legal literature and scientific journals. The findings indicate that the Constitutional Court declared the petition inadmissible because the petitioners failed to satisfy the legal standing requirements under the Constitutional Court procedural law. Nevertheless, the Court's legal considerations reaffirm the importance of popular sovereignty, constitutional democracy, and legal certainty in the regional head election system. The decision strengthens the understanding that regional heads must continue to be elected directly by the people in accordance with Article 1 paragraph (2) and Article 18 paragraph (4) of the 1945 Constitution. This study concludes that the Constitutional Court's decision plays a significant role in preserving the consistency of local democracy, ensuring legal certainty regarding the regional election system, and reinforcing the principles of a democratic state governed by the rule of law in Indonesia

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Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...