ANALISIS YURIDIS LEGAL STANDING PEMOHON DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 05/PHPU.WAKO-XXIII/2025: STUDI KASUS PEMILIHAN KEPALA DAERAH BANJARBARU TAHUN 2024 DITINJAU DARI ASPEK KEPASTIAN HUKUM

This research is entitled “Juridical Analysis of the Petitioner’s Legal Standing in the Constitutional Court Decision Number 05/PHPU.WAKO-XXIII/2025: Case Study of the 2024 Banjarbaru Regional Head Election Reviewed from the Aspect of Legal Certainty.” The main focus of this research is to examine the problematic legal standing of the applicant in the dispute over the results of the 2024 Banjarbaru City Regional Head Election. The research problem is formulated in two things, namely how the Constitutional Court’s legal considerations in assessing the applicant’s legal standing in Decision Number 05/PHPU.WAKO-XXIII/2025, and what are the legal implications of these considerations when viewed from the aspect of legal certainty. This research uses a normative legal research method with a statutory approach, a case approach, and a conceptual approach. The results of the research show that the Court applies a substantive approach in assessing the applicant’s legal standing by not solely adhering to the formal requirements as regulated in Article 4 paragraph (1) of PMK No. 3 of 2024, but rather considering the violation of voters' constitutional rights due to errors in the election administration by the Banjarbaru City General Elections Commission (KPU). This expansion of legal standing reflects the Constitutional Court's efforts to protect voting rights and maintain the quality of democracy. However, it also has implications for legal certainty because it has the potential to create uncertainty regarding the boundaries of subjects entitled to file a petition for disputes over regional election results. Therefore, improvements to the procedural regulations for disputes over regional head election results are needed to ensure that legal standing and changes to the election format are regulated firmly, clearly, and consistently to ensure legal certainty.