LEGAL REASONING HAKIM MAHKAMAH KONSTITUSI DALAM PUTUSAN NOMOR 135/PUU-XXII/2024 TENTANG PEMISAHAN PEMILU NASIONAL DAN DAERAH

Gunawan, NIM.: 23203012067 (2026) LEGAL REASONING HAKIM MAHKAMAH KONSTITUSI DALAM PUTUSAN NOMOR 135/PUU-XXII/2024 TENTANG PEMISAHAN PEMILU NASIONAL DAN DAERAH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Constitutional Court Decision Number 135/PUU-XXII/2024 stipulates that’s elections shall be held in two cycles, namely national elections and regional elections. National elections are elections held to elect members of the DPR, members of the DPD, as well as the President and Vice President. Meanwhile, regional elections are elections held to elect members of the Provincial and Regency/City People's Representative Councils (DPRD), as well as governors and deputy governors, regents and deputy regents, and mayors and deputy mayors. The time between national elections and regional elections is at least two years or at most two years and six months from the inauguration of members of the DPR, DPD, or the President and Vice President resulting from the national elections. This decision has become a strategic issue in the debate on election governance in Indonesia, including the limits of the Constitutional Court's authority as a negative legislator and alleged violations of the five-year election agenda principle. To explore the Court's argumentative basis for separating the elections, it is necessary to examine the constitutional interpretation approach used in the decision. Then, an assessment of its beneficial impact on Indonesian democracy will be deepened through a study of Islamic law, specifically using the concept of maṣlaḥah mursalah. This research is a library-based study with a descriptive-analytical character, examining statutory regulations using legal theory. The methodological approach applied is a normative juridical approach, namely the statute approach. The research data consist of primary, secondary, and tertiary sources. The analysis was carried out using a qualitative deductive method within the framework of constitutional interpretation and the concept of maṣlaḥah mursalah. The findings of this study indicate that Constitutional Court Decision Number 135/PUU-XXII/2024 constitutes a response Constitutional Court to the problems arising from the simultaneous five-ballot election model by emphasizing the need to reconstruct the electoral design through the separation of national and regional election cycles. The Court employed an interpretative approach that integrates original intent, holistic interpretation, teleological and sociological interpretation, which collectively reflects the stream of constitutional interpretation known as living originalism. The separation of elections aligns with the principle of maṣlaḥah mursalah, as it is considered capable of reducing the complexity of election administration, mitigating potential mafsadat for both election organizers and voters, and enhancing political party cadre development as well as the relevance of regional development issues. Accordingly, this policy reflects an effort to realize jalb al-maṣāliḥ (promoting predominant benefits) while simultaneously achieving dar’ al-mafāsid (preventing harm).

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