Journal Sovereignty Law And Diplomatic Politics

Legal Certainty in Women's Electoral Quotas: Analysis of Constitutional Court Decision No. 128/PUU-XXIV/2026

2026-07-30T03:08:41+07:00

The provision requiring a minimum quota of 30% women's representation under Article 245 of Law Number 7 of 2017 constitutes an affirmative action policy aimed at realizing equality in political representation. However, the absence of sanctions for non-compliance renders the provision a lex imperfecta, thereby failing to satisfy the principle of legal certainty and tending to produce merely administrative compliance. This study aims to analyse the fulfilment of the principle of legal certainty concerning the women's representation quota following the Constitutional Court Decision Number 128/PUU-XXIV/2026. This research employs a legal research methodology using statutory, conceptual, and case approaches. The findings demonstrate that Constitutional Court Decision Number 128/PUU-XXIV/2026 transforms the legal character of Article 245 from a lex imperfecta into a mandatory norm by imposing the sanction of disqualification upon political parties that fail to comply with the women's quota requirement. This reconstruction strengthens legal certainty, enhances the effectiveness of affirmative action policies, promotes the reform of political party cadre recruitment, and supports the realization of gender equality and women's political representation within Indonesia's constitutional democracy.

Limits on Constitutional Court Judicial Activism as A Negative Legislator: Analysis of Decision Number 135/PUU-XXII/2024

2026-07-30T05:47:02+07:00

This study aims to analyze the limits of judicial activism exercised by the Constitutional Court in Decision Number 135/PUU-XXII/2024 concerning the design of the simultaneous implementation of general elections and regional head elections. The decision has generated considerable debate because the Constitutional Court constructed a new constitutional framework regarding the relationship between national elections and regional head elections. This research employs a normative legal research method using statutory, conceptual, and case approaches. The findings demonstrate that Constitutional Court Decision Number 135/PUU-XXII/2024 reflects the practice of judicial activism through the application of systematic and teleological interpretation to address regulatory ambiguity concerning the simultaneity of elections. Although the Constitutional Court provides guidance for the future design of electoral administration, the decision remains within the scope of the Court's authority as a negative legislator because it does not establish operational legal norms, which fall within the competence of the legislature. The limits of judicial activism in this decision are reflected in the existence of a clear constitutional basis, respect for the doctrine of open legal policy, and the absence of any assumption of the legislative function vested in the DPR and the President. Accordingly, Decision Number 135/PUU-XXII/2024 demonstrates that judicial activism may serve as an instrument for constitutional protection, provided that it continues to uphold the principles of separation of powers, checks and balances, and legal certainty within Indonesia's constitutional system.

Reconstructing the Legal Status of Indigenous Peoples as Rights-Holders in Indonesian Law

2026-09-02T12:50:50+07:00

The legal recognition of Indigenous Peoples in Indonesia does not necessarily guarantee their effective position as holders of rights. Although the Indonesian Constitution recognizes Indigenous Peoples and their traditional rights, the exercise and protection of these rights remain affected by conditional recognition, administrative identification, and fragmented regulations. This article aims to reconstruct the legal status of Indigenous Peoples as rights-holders within the Indonesian legal system by examining the relationship between recognition, legal subjectivity, and rights-holding. This study employs normative legal research using statutory, conceptual, and case approaches. Primary legal materials include the 1945 Constitution of the Republic of Indonesia, relevant legislation, and Constitutional Court decisions, supplemented by recent scholarly literature on Indigenous Peoples’ rights and legal protection. The analysis finds that the existing recognition-oriented framework tends to make the effective exercise of Indigenous rights dependent upon formal recognition mechanisms. The study argues that recognition should not constitute the existence of Indigenous Peoples’ rights but should function as a mechanism for establishing legal certainty and facilitating their protection. Reconstructing Indigenous Peoples as collective legal subjects and rights-holders strengthens the State’s position as a duty-bearer and provides a basis for developing a more rights-based framework for Indigenous Peoples’ protection in Indonesia.