Jurnal Hukum Prasada
Vol. 13 No. 2 (2026): Jurnal Hukum Prasada

Election Law Reform: Ius Constituendum for the Separation of National and Local Elections from an Electoral Justice Perspective

Nasarudin Nasarudin (Universitas Muhammadiyah Bima, Nusa Tenggara Barat, Indonesia)
Taufik Firmanto (Universitas Muhammadiyah Bima, Nusa Tenggara Barat, Indonesia)
Erham Erham (Universitas Muhammadiyah Bima, Nusa Tenggara Barat, Indonesia)



Article Info

Publish Date
09 Oct 2026

Abstract

Indonesia’s simultaneous electoral system has generated significant technical and humanitarian challenges, particularly the excessive workload faced by election officers during the 2019 elections. Constitutional Court Decision Number 135/PUU-XXII/2024 has introduced a new legal direction toward separating national and local elections, yet the regulatory framework governing this separation remains underdeveloped. This study examines the proposed separation from the perspective of electoral justice and formulates an ius constituendum model that preserves representation, participation, and public accountability. Using normative legal research with statutory and conceptual approaches, the study analyzes Constitutional Court decisions, legislation, academic literature, and relevant legal scholarship. The study finds that separating national and local elections can provide a more coherent framework for electoral administration, provided that the legal design ensures regulatory synchronization, protects the safety and professionalism of election administrators, and safeguards citizens’ political rights. The proposed regulatory model therefore emphasizes legal certainty, institutional coordination, meaningful public participation, and accountable electoral governance as essential elements of substantive electoral justice.

Copyrights © 2026






Journal Info

Abbrev

prasada

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JURNAL HUKUM PRASADA is a peer-reviewed international law journal which published research articles and theoretical articles in law science. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global ...