ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 69/PUU-XXI/2023 DALAM PERKARA MASA JABATAN KETUA UMUM PARTAI POLITIK

Abstract

This study aims to analyze the legal considerations of the Constitutional Court in its decisions related to the review of the term of office of political party chairpersons without term limits, particularly decisions that declare that the petitioner does not have legal standing. The issues examined in this study include the basis for the Constitutional Court's consideration in assessing the legal standing of the petitioner and the implications of the decision for the principle of internal democracy in political parties in Indonesia. The research method used is normative legal research with a legislative approach, a conceptual approach, and a case approach. The legal materials used consist of primary, secondary, and tertiary legal materials. The results of the study show that the Constitutional Court consistently applies the legal standing requirements as stipulated in the Constitutional Court Law and previous decisions, so that petitioners who cannot prove constitutional harm are declared to have no legal standing. This ruling has implications for the limited scope of constitutional review of internal political party regulations, including the term of office of political party chairpersons, which in principle is considered an internal matter for political parties as long as it does not directly conflict with the constitution.