Estudiante Law Journal
VOL. 8 No. 2 JUNE 2026

Constitutional Engineering and Transitional Design Following Constitutional Court Decision Number 135/PUU-XXII/2024

Rifqi Qonita Hulwana (Faculty of Law, Universitas Islam Negeri Sunan Ampel)
Muhammad Riyadi (Faculty of Law, Universitas Islam Indonesia)



Article Info

Publish Date
08 Sep 2026

Abstract

This study examines the constitutional implications of Constitutional Court Decision Number 135/PUU-XXII/2024 for the transitional design of local elections in Indonesia. The Decision separates national elections from local elections by approximately 2–2.5 years, creating a temporal mismatch between the expiration of existing regional mandates and the implementation of the new local electoral cycle. This transition raises a constitutional dilemma between continuity of government and periodic democratic authorization, particularly for Regional People’s Representative Councils (DPRD) and regional heads. Using doctrinal legal research with statutory and conceptual approaches, this study evaluates competing transitional models through periodic democratic authorization, continuity of constitutional government, legal certainty, proportionality, regional autonomy, and temporariness. The study proposes a differentiated transitional design: a temporary DPRD arrangement preserving the representative composition produced by the 2024 election, and interim elections for regional heads to restore direct democratic authorization while protecting regional autonomy. The proposed design requires explicit legislative provisions, limited transitional authority, institutional safeguards, dispute-resolution mechanisms, and a clear sunset clause to prevent exceptional arrangements from becoming permanent electoral mechanisms.

Copyrights © 2026






Journal Info

Abbrev

eslaw

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Estudiante Law Journal is a peer reviewed journal published by the Faculty of Law, Universitas Negeri Gorontalo. This journal is published three times every February, July and November of the same year. EsLaw aims to be a scientific and research journal for all legal observers and activists with a ...