ANALISIS YURIDIS AMBANG BATAS PENCALONAN KEPALA DAERAH DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 60/PUU-XXII/2024

Abstract

This study aims to analize the ratio decidendi and legal consequences of the Constitutional Court Decision Number 60/PUU-XXII/2024 which states that Article 40 paragraph (3) of Law Number 10/2016 on Pilkada is contrary to the 1945 Constitution of the Republic of Indonesia and has no binding legal force. The main focus of this study is to explain the Court's legal considerations in partially granting the petition for judicial review by the Partai Buruh and Partai Gelora, as well as the juridical implications for the regional head nomination system, election organizers, and political parties. The research method used is normative juridical with a statutory approach, through analysis of primary and secondary legal materials. The results showed that the Court considered the principles of electoral justice, equality of political rights, and people's sovereignty as the basis for canceling the norm. The Court also stated that Article 40 paragraph (1) is conditionally unconstitutional, so it needs to be interpreted inclusively so as not to discriminate against political parties participating in the election. This decision has important implications for lawmakers, KPU, Bawaslu, and political parties, especially in terms of adjusting legal norms and technical regulations for nominations in Pilkada. This research reinforces the urgency of protecting the political rights of political parties and upholding the principle of justice in democracy.