ANALISIS PUTUSAN MA NOMOR 23P/HUM/2024 NON-EXECUTABLE DAN IMPLIKASINYA TERHADAP KEPASTIAN HUKUM SERTA KEWENANGAN PENYELENGGARA PEMILU

Abstract

The Supreme Court of the Republic of Indonesia Decision Number 23 P/HUM/2024, which granted a judicial review of the General Election Commission (KPU) Regulation on the age requirement for regional head candidates, has raised significant juridical issues within Indonesia’s electoral legal system. The decision changed the calculation of the age requirement from the time of candidate determination to the time of inauguration, thereby affecting the legal construction of regional head candidacy. This study aims to analyze the legal standing and juridical basis of the decision and to examine its implications for the authority of election organizers and legal certainty in regional elections. Using a normative legal research method with statutory and case approaches, the study finds that although the decision is final and binding, it potentially has a non-executable character as it touches upon matters beyond the authority of the KPU. This condition has implications for legal certainty and inter-institutional authority harmonization in regional election administration.

Keywords : Court Decision, Judicial Review, Non-Executable