Strengthening the Open Proportional Election System after the Constitutional Court Decision Number 114/PUU-XX/2022 from the Perspective of People's Sovereignty

Haruni, Catur Wido and Esfandiari, Fitria (2024) Strengthening the Open Proportional Election System after the Constitutional Court Decision Number 114/PUU-XX/2022 from the Perspective of People's Sovereignty. In: 4th International Conference on Law Reform (4th INCLAR). KnE Social Sciences, pp. 631-641. ISBN ISSN: 2518-668X

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Abstract

The focus of this research is the open proportional election system after the Constitutional Court Decision Number 114/PUU-XX/2022. This study aimed to analyze the legal implications of Constitutional Court Decision Number 114/PUU-XX/2022 from the perspective of people’s sovereignty. Research methods with a normative approach were analyzed in a qualitative descriptive manner. The results showed that the basis for consideration of the decision of the Constitutional Court Number 114/PUU-XX/2022, as the Petitioners’ application is not grounded in law in its entirety. The Constitutional Court rejected the arguments presented considering its ruling, the Constitutional Court used textual interpretation or original intent and systematic interpretation. The Constitutional Court considered the open proportional election system closer to the concept of elections in the 1945 NRI Constitution. The constitution mandates consideration of the Constitutional Court is still very relevant, especially in terms of continuing to apply the open proportional system. The legal implications of the Constitutional Court decisions are legal certainties of election implementation, strengthening the open proportional election system, and increasing. Suggestions to ensure legal certainty, vote laws are not often changed, and changes to an electoral system are adjusted to the dynamics and needs of conducting elections, as well as the real needs of the community as holders of popular sovereignty

Item Type: Book Section / Proceedings
Keywords: general elections electoral system people’s sovereignty
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: v34_noc Fitria, A.Md.
Date Deposited: 13 May 2025 02:14
Last Modified: 13 May 2025 02:16
URI: https://eprints.umm.ac.id/id/eprint/17399

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