ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 52/PUU-XXII/2024 TERHADAP NETRALITAS PEJABAT NEGARA DALAM KAMPANYE PEMILIHAN KEPALA DAERAH

Abstract

Constitutional Court Decision Number 52/PUU-XXII/2024 changes the paradigm
of state officials' neutrality in regional head election (Pilkada) campaigns by
requiring leave of absence without pay and prohibiting the use of official facilities.
This study aims to analyze the ratio decidendi of the Constitutional Court in the
decision and examine its legal implications for the obligation of neutrality as
stipulated in Law No. 7 of 2017 on Elections. The research uses a normative
juridical method with a legislative approach, a case approach, and a conceptual
approach. Primary legal materials include the 1945 Constitution, laws and
regulations related to elections and the civil service, and Constitutional Court
Decision Number 52/PUU-XXII/2024. The analysis technique uses prescriptive
analysis to describe the legal arguments. The results of the study show that the ratio
decidendi of the Constitutional Court is based on the principle of state neutrality as a
prerequisite for democratic competition equality through a teleological-progressive
constitutional hermeneutics approach. The legal consequences of this decision are
the reconstruction of the meaning of neutrality from the concept of administrative
permissive “campaign permits” to more rigid “substantive requirements,” the
harmonization of neutrality standards between the election and regional election
regimes, and the strengthening of law enforcement mechanisms through
administrative and criminal sanctions. The conclusion of the study confirms that this
decision strengthens the principle of checks and balances in the Indonesian
constitutional system. 
Keywords: Constitutional Court, Neutrality of State Officials, Regional Head
Elections, Election Campaigns, Ratio Decidendi.