ANALYSIS OF CONSTITUTIONAL COURT DECISION NUMBER 114/PUU-XX/2022 REGARDING THE JUDICIAL REVIEW OF THE PROPORTIONAL SYSTEM IN GENERAL ELECTIONS

Abstract

The proportional system of the general election of the DPR and DPRD in Law Number 7 of 2017 is unconstitutional related to the proportional system. The difference between what is mentioned in the 1945 Constitution and Law 7/2017 is the participation in the general election. This started the testing of the Law to the Constitutional Court which resulted in the decision of the Constitutional Court Number 114/PUU-XX/2022. In the decision, the Constitutional Court rejected the application because it was included in the open legal policy and had no legal grounds. However, problems arise related to the unconstitutionality of the proportional system and the implementation of open legal policy. As a result, it will actually weaken the role of political parties as a form of community participation in politics. In addition, there is also a dissenting opinion related to the idea of implementing an open proportional system limited to elections. Through a normative approach and using primary and secondary legal sources, this study concludes that the Constitutional Court should take a judicial activism approach and negative legislators who act in declaring a regulation or norm contrary to the constitution that causes injustice to the petitioners or the wider community, especially political parties. Because this will reduce the role of political parties. So it is necessary to have ideas related to a proportional system that gives rise to justice, and does not violate morality and rationality