Hendri, Hendri (2025) Analisis Yuridis Putusan Mahkamah Konstitusi Nomor 62/Puu-Xxii/2024 Tentang Pengujian Undang-Undang Nomor 7 Tahun 2017 Tentang Pemilihan Umum. Other thesis, Universitas Islam Riau.

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Abstract

The Constitution ensures popular sovereignty through fair elections. However, Article 222 of the Election Law, which sets a presidential threshold, restricts political parties’ rights and strengthens large-party dominance, undermining fair competition. Constitutional Court Decision Number 62/PUUXXII/2024 annulled this provision as unconstitutional. This study examines judicial reasoning and the implications of abolishing the presidential threshold for presidential and vice-presidential nominations in Indonesia. The research problem is formulated as follows: how to analyze the considerations of Constitutional Justices in deciding Case Number 62/PUUXXII/2024, and what implications the Constitutional Court Decision Number 62/PUU-XXII/2024 has on presidential and vice-presidential nominations. This research was conducted using normative legal research methods, namely library legal research, with data collection methods including studying books, laws and regulations, and articles related to this research. Based on the research, the results obtained that: 1. Constitutional Court Decision Number 62/PUU-XXII/2024 declares the presidential threshold unconstitutional, as it restricts the constitutional rights of political parties and citizens to nominate presidential candidates, limiting democratic participation and alternative leadership. 2. The implications of this decision confirm the abolition of the presidential threshold and instructs the DPR and the government to design constitutional mechanisms ensuring fairer nomination processes. One proposed model is the Grand Prix Electoral Convention combined with the Anti-Dominance Coalition Mechanism, which caps coalition strength at 35% of DPR seats or 30% of national valid votes, aiming to prevent excessive dominance, promote pluralism, and maintain political balance within Indonesia’s presidential system.

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