From Lex Imperfecta to Electoral Justice: Constitutional Review of Women's Political Representation in Indonesia

A. Faricha Mantika (Nusantara Center for Social Research, Indonesia)
Yuriadi Yuriadi (Universiti Sultan Zainal Abidin Terengganu, Malaysia)

Mimbar Keadilan
Vol. 19 No. 2 (2026): Agustus 2026

The constitutional legitimacy of electoral legislation is no longer determined solely by procedural compliance with democratic principles but increasingly by its conformity with the doctrine of electoral justice. Constitutional Court Decision Number 128/PUU-XXIV/2026 presents a constitutional development by addressing the absence of legal sanctions for non-compliance with the statutory requirement of a minimum thirty percent representation of women in legislative candidate lists under Article 245 of Law Number 7 of 2017 concerning General Elections. This article examines whether the Court's constitutional reasoning is consistent with the principles of electoral justice within Indonesia's democratic constitutional order. Employing normative legal research, this study adopts statute, case, and conceptual approaches to analyse constitutional provisions, electoral legislation, Constitutional Court jurisprudence, and internationally recognized principles of electoral justice. The analysis demonstrates that electoral justice constitutes a constitutional requirement extending beyond the conduct of free and fair elections to encompass the constitutional legitimacy of every stage of the electoral process, particularly candidate nomination. The absence of sanctions transformed Article 245 into a lex imperfecta, thereby undermining legal certainty, substantive equality, electoral integrity, and the effective implementation of affirmative action. The study further finds that Constitutional Court Decision Number 128/PUU-XXIV/2026 restores the constitutional enforceability of affirmative action and strengthens electoral justice by correcting a legislative omission affecting constitutional rights. Nevertheless, the decision simultaneously raises constitutional concerns regarding the permissible limits of judicial intervention in addressing legislative silence. This article argues that electoral justice should be recognized as an independent constitutional benchmark for evaluating both electoral legislation and constitutional adjudication, thereby contributing to the development of democratic constitutionalism and constitutional review theory in Indonesia.