Jurnal IUS (Kajian Hukum dan Keadilan)
Vol. 14 No. 2 (2026): Jurnal IUS Kajian Hukum dan Keadilan

The Development of Interpretations of Structured, Systematic and Massive Violations in the 2024 Regional Head Elections

Mohammad Syaiful Aris (Faculty of Law Universitas Airlangga, Indonesia)
Muwaffiq Jufri (Universitas Trunojoyo Madura, Indonesia)
Ousu Mendy (Victoria University of Wellington, New Zealand)
Abdul Wachid Habibullah (Faculty of Law, Universitas Trunodjoyo Madura, Indonesia)
Paul Atagamen Aidonojie (Kampala International University)



Article Info

Publish Date
26 Aug 2026

Abstract

This study examines the development of the Constitutional Court’s interpretation of Structured, Systematic, and Massive (TSM) violations in the settlement of disputes arising from the 2024 Regional Head Election. The analysis is grounded in theory of judicial interpretation, constitutional justice, and substantive justice to explain the Court’s evolving constitutional reasoning in safeguarding electoral integrity. This research employs doctrinal legal research using statutory and case approaches, analysing forty Constitutional Court decisions concerning 2024 Regional Head Election disputes that proceeded to the evidentiary hearing stage. The study finds that the Constitutional Court’s interpretation of TSM violations has evolved from a predominantly vote-count-oriented assessment toward a broader constitutional evaluation of whether serious electoral violations substantially affected the integrity and legitimacy of election results. Rather than disregarding vote calculation, the Court treated proven TSM violations as constitutionally relevant where they distorted the fairness of the electoral process and ultimately affected the validity of election outcomes. This development reflects a shift from a predominantly procedural approach toward a model of constitutional justice that places greater emphasis on substantive justice in election dispute adjudication. The Court also recognised new forms of TSM violations, including the involvement of high-ranking state officials, the mobilisation of village heads, violations of the cooling-off period applicable to former convicts, falsification of administrative documents, and violations of constitutional term limits. This study contributes to the development of constitutional jurisprudence on TSM violations and provides a normative framework for strengthening the future settlement of regional election disputes in Indonesia.

Copyrights © 2026






Journal Info

Abbrev

IUS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal IUS established December 2012, is an institution that focuses on journal development for post graduate students and all law activists in general and specialised topics. Journal IUS publishes three times a year and articles are based on research with specific themes. Jurnal IUS was founded ...