Pembatasan Kekuasaan Presiden di Akhir Masa Jabatan dalam Undang-Undang Pemilu sebagai Upaya Mencegah Keberpihakan: Studi Empiris Persepsi Pengacara di Malang

Muhamad Irwan (Program Studi Ilmu Hukum, Universitas Kristen Cipta Wacana, Malang, Indonesia)
Rizky Perdana Bayu Putra (Program Studi Ilmu Hukum, Universitas Kristen Cipta Wacana, Malang, Indonesia)
Abd Ghofar (Program Studi Ilmu Hukum, Universitas Kristen Cipta Wacana, Malang, Indonesia)
Nina Lestari (Program Studi Ilmu Hukum, Universitas Kristen Cipta Wacana, Malang, Indonesia)

PERSEPTIF: Jurnal Ilmu Sosial dan Humaniora
Vol. 4 No. 4 (2026): PERSEPTIF: Jurnal Ilmu Sosial dan Humaniora

Limiting power is a fundamental principle in a constitutional democracy, aimed at preventing excessive concentration of power. In the context of general elections, the issue of presidential neutrality at the end of his term is a crucial concern because his remaining authority has the potential to influence electoral competition. This study aims to analyze the urgency of limiting presidential power at the end of his term from an election law perspective and to examine lawyers' perceptions in Malang City regarding the effectiveness of such limitations as a preventative measure. This study uses an empirical legal research method with a socio-legal approach. Primary data were obtained through interviews with lawyers in Malang City, while secondary data were obtained through studies of laws and regulations, court decisions, books, and scientific articles. The results indicate that regulations regarding the limitation of presidential authority at the end of his term still leave room for normative gaps that could potentially lead to conflicts of interest in the electoral process. The lawyers' perceptions highlight the need for regulatory strengthening to ensure neutrality, maintain electoral fairness, and prevent abuse of executive power.