ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NO. 62/PUU-XXII/2024 TENTANG UJI MATERIIL PASAL 222 UNDANG-UNDANG NO. 7 TAHUN 2017 TENTANG PEMILIHAN UMUM DITINJAU DARI PERSPEKTIF DEMOKRASI

Article 222 in Law Number 7 of 2017 concerning Elections which regulates the threshold
for nominating President and Vice President, there are 33 (thirty three) applications that
have been submitted to the Constitutional Court to test the Constitutionality of Article 222
of Law Number 7 of 2017 concerning General Elections. The problem discussed in this
study is the basis for the judge's considerations in the Constitutional Court decision No. 62
/ PUU-XXII / 2024 concerning the judicial review of Article 222 of Law No. 7 of 2017
concerning Elections and the Legal Implications of the issuance of the Constitutional Court
decision No. 62 / PUU-XXII / 2024 concerning the judicial review of Article 222 of Law
No. 7 of 2017 concerning Elections reviewed from a democratic perspective. The purpose
of this study is on the Constitutional Court Decision No. 62 / PUU-XXII / 2024. The
research method used in this study is normative juridical, where the research is conducted
by finding legal facts based on existing legal norms. The approach method used in this
study is a statute approach and a conceptual approach using the doctrines of experts in
Legal Science. The legal material collection technique used is primary and secondary legal
materials using document studies and library studies with the aim of obtaining primary
and secondary data by reading, recording, quoting from various literature, laws and
regulations, books and other written legal materials that exist entirely so that they are
analyzed by conducting Qualitative Descriptives where the researcher will describe and
explain with correct sentences so that it will be easy to understand. Based on the results of
the study, it was found that there are differences in the considerations of the Constitutional
Court. The a quo article is considered to have exceeded the limits of Open Legal Policy. As
well as the existence of coercion that reviews democracy in Indonesia. Strong and clear
legal considerations will provide strength for the Indonesian democratic process, as well
as the spirit of the people to work together to realize the desired democracy, the power that
comes from the legislature then does not need to be a priority, because the power of the
president and vice president is directly legitimized by the people, the people also have the
right and obligation to oversee those who have been elected and become their leaders.