Herlambang, Edwin and Christanto, Hwian (2026) Kewenangan Mahkamah Konstitusi Pada Putusan Nomor: 60/Puu-Xxii/2024 Sebagai Positive Legislator Yang Melampaui Batas (The Authority Of The Constitutional Court In Decision Number: 60/Puuxxii/2024 As A Positive Legislator That Exceeds Its Bounds). In: Dinamika Hukum Pengaturan BUMDesa. Universitas Surabaya. (Submitted)
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Abstract
Debate over the role of Indonesia’s Constitutional Court (Mahkamah Konstitusi Republik Indonesia, MKRI) has intensified as Decision No. 60/PUU-XXII/2024 did not merely invalidate a norm but introduced an operational yardstick that reshaped regional head nomination rules. This study examines the limits of MKRI’s authority in producing such generally applicable normative effects and assesses their implications for legal certainty during post-decision adjustments of regional election regulations, given the proximity of the change to the nomination stage and the demand for a swift, uniform, and accountable regulatory response. Employing a normative legal method with statutory and conceptual approaches, the study analyzes MKRI’s decision, related regulations, and relevant literature to map the dispositive character of the ruling, the object of review, and the enforceability of post-decision norms. The findings indicate that the 1945 Constitution of the Republic of Indonesia (UUDN RI 1945) and the Constitutional Court Law do not expressly mandate MKRI to act as a positive legislator; therefore, any constructive outcome can only be justified insofar as it is grounded in constitutional reasoning, confined to restoring constitutional order, and explicitly framed as temporary. In Decision No. 60/PUU-XXII/2024, regulatory wording without a clear temporality clause creates room for expanded normative effects and sharpens the boundary tension between judicial review and lawmaking, which under Law No. 12 of 2011 on the Making of Laws and Regulations (UU PPP) typically requires an academic paper, public participation, and legislative deliberation. The study recommends strict limits on dispositive formulations, measurable transitional parameters, structured post-decision harmonization, and timely legislative follow-up to ensure predictable and consistent implementation.
| Item Type: | Book Section |
|---|---|
| Uncontrolled Keywords: | MKRI, Decision 60/PUU-XXII/2024, positive legislator, legal certainty, Law Number 12 of 2011. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Postgraduate Programs > Master Program in Law |
| Depositing User: | BAMBANG SEPTIAWAN |
| Date Deposited: | 25 Feb 2026 03:27 |
| Last Modified: | 25 Feb 2026 03:27 |
| URI: | http://repository.ubaya.ac.id/id/eprint/50378 |
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