Legal Analysis of the Constitutional Court Decision Number 60/PUU-XXII/2024 on the Threshold for Regional Head Candidates Reviewed from the Principles of Democracy

DOI

10.2991/978-2-38476-491-4_26How to use a DOI?

Keywords

Constitutional Court Decision; Threshold; Democracy

Abstract

The Constitutional Court Decision Number 60/PUU-XXII/2024 creates broader opportunities for independent candidates and small political parties. This research examines the foundation for the legal reasoning of the judge and evaluates its consequences for Indonesian democracy, particularly in enhancing political engagement and electoral inclusivity. This research seeks to analyze the foundations of the legal factors utilized by the judge in resolving this case and its legal ramifications for democratic principles. The approach utilized is normative legal research, employing a legal and conceptual framework. The legal resources employed include primary legal sources and secondary legal sources, employing document studies and literature studies as techniques for gathering legal materials. The study’s findings indicate that the Constitutional Court reduced the nomination threshold from 20%-25% to 6.5%-10% depending on the area’s population. The Constitutional Court maintained that the earlier regulations restricted political rights and failed to embody the values of a more democratic society. The findings of the research and discussions indicate that the Constitutional Court’s ruling significantly altered the regional head election system, though oversight remains essential to prevent excessive fragmentation in politics. Consequently, additional regulations must be established to guarantee that this policy operates effectively without compromising the quality of democracy and local governance.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Mochamad Rizky Ferdiansyah Ramadhani
AU  - Catur Wido Haruni
AU  - Fitria Esfandiari
PY  - 2025
DA  - 2025/11/18
TI  - Legal Analysis of the Constitutional Court Decision Number 60/PUU-XXII/2024 on the Threshold for Regional Head Candidates Reviewed from the Principles of Democracy
BT  - Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)
PB  - Atlantis Press
SP  - 284
EP  - 290
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-491-4_26
DO  - 10.2991/978-2-38476-491-4_26
ID  - Ramadhani2025
ER  -