PERAN MAHKAMAH KONSTITUSI DALAM PEMBARUAN SISTEM PEMILIHAN UMUM DI INDONESIA

Abstrak

The Constitutional Court plays an increasingly strategic role in the reform of the Indonesian general election system through its authority to review laws against the 1945 Constitution of the Republic of Indonesia. Its various decisions have influenced the design of the election system, the protection of citizens' political rights, and the direction of the development of constitutional democracy. This study aims to analyze the role of the Constitutional Court in the reform of the general election system and examine the limits of its authority based on the principles of a democratic rule of law, constitutional democracy, and the separation of powers. The study uses normative legal research methods with a statutory approach, a case approach, and a conceptual approach. Legal materials were obtained through literature studies and analyzed qualitatively using descriptive-analytical methods. The results show that the Constitutional Court has made a significant contribution to the reform of the election system through decisions regarding the majority vote system, simultaneous elections, the protection of voting rights, and the regulation of the design of simultaneous elections. However, several recent decisions also indicate a tendency to expand the role of the Constitutional Court from a negative legislator to a positive legislator, thus giving rise to debate regarding the limits of its constitutional authority and the potential for overlap with the authority of the law-maker. This study concludes that the Constitutional Court must continue to carry out its primary function as a guardian of the constitution through constitutional oversight of election regulations, while still respecting the open legal policy space that falls under the authority of the DPR and the President so that the principles of separation of powers, checks and balances, and democratic legitimacy are maintained.