The Dynamics of Constitutional Court Jurisprudence on the Presidential Threshold in the Judicial Review of Article 222 of the Election Law

bagus Anwar Hidayatulloh

Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum
Vol. 8 No. 1 (2026)

This article examines the Constitutional Court’s evolving jurisprudence on the presidential threshold (PT) under Article 222 of the Election Law, a provision that has generated sustained constitutional controversy in Indonesia. Using a normative–doctrinal method with statute, case, and conceptual approaches, this study analyzes more than thirty Constitutional Court decisions issued between 2017 and 2024. The findings show that, during the early period, the Court consistently upheld the PT as part of the legislature’s open legal policy, leading most petitions to be dismissed due to strict interpretations of legal standing. However, a major shift occurred in Decision 62/PUU-XXII/2024, in which the Court invalidated Article 222 on the grounds that it restricted political rights, reduced electoral competitiveness, and undermined democratic morality. This shift reflects the Court’s embrace of a living constitution approach, interpreting constitutional provisions dynamically to safeguard substantive democracy and protect citizens’ political rights. Keywords: Constitutional Court; Article 222 Election Law; judicial review; open legal policy; living constitution; electoral democracy; constitutional rights.