Tri Sulistianing Astuti, Team Leader Center for Democratization Studies Jakarta, present her paper on the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021).

Abstract

The Indonesian Constitutional Court has rejected the judicial review of concurrent general elections’ constitutionality in Decision No. 55/PUU-XVII/2019 on 26 February 2020. The Constitutional Court rejected the entire judicial review of Law No.7/2017 considering General Elections and Law No. 1/2015 considering Regional Head Elections. Association for Elections and Democracy (Perkumpulan Untuk Pemilu dan Demokrasi (Perludem)) submitted this issue as the 2019 concurrent general elections with the five-box design were inconsistent with the Election Principles in the Indonesian Constitution 1945 (UUD 1945). Surprisingly, the Constitutional Court decided on six possible models in the concurrent general election besides the rejection. Even though this decision was issued before pandemic Covid-19, the options significantly impact the next concurrent general elections in the new-normal era. This paper reviews the dynamics of the decision-making process on the concurrent general elections policy in an integrative negotiation approach to understanding the Constitutional Court by juridical method and desk study. Through analyzing Decision No. 55/PUU-XVII/2019, it appeared that the Constitutional Court has succeeded in accommodating the petitioner’s necessities and referring to the implementation of elections policy effective and efficient according to the mandate of UUD 1945. In conclusion, the integrative negotiation approach applied in the decision-making process produced the six best possible options to conduct simultaneous elections in a new-normal society.

https://www.atlantis-press.com/proceedings/iclhr-21/125963854

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