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Postponement of the 2024 Election in the Perspective of Constitutional Law: A Threat to Constitutional Democracy

Putri, Conie Pania, Putri, Conie Pania
Abstrak

General elections are the main instrument in Indonesia's constitutional democratic system. The Constitution states that elections must be held directly, publicly, freely, secretly, honestly and fairly every five years, as the main means of realizing popular sovereignty. This study aims to examine normatively the proposal to postpone the 2024 elections by a number of political elites from the perspective of constitutional law. Using normative legal research methods, this study examines the validity of the discourse based on applicable laws and regulations, particularly the 1945 Constitution and Law Number 7/2017 on General Elections. The approaches used include statutory, conceptual, historical and case approaches, to examine the principles of constitutional democracy and popular sovereignty. Data sources are obtained from primary, secondary, and tertiary legal materials through literature studies. Analysis was conducted descriptively-qualitatively with systematic and teleological interpretation techniques. The results show that the proposed postponement of the election has no legitimate constitutional basis and has the potential to threaten the democratic order and the principle of popular sovereignty in the Indonesian legal system. Based on normative analysis from the perspective of constitutional law, the proposal to postpone the 2024 elections by a number of political elites is considered contrary to the principles of constitutional democracy adopted by Indonesia, as stipulated in Article 22E paragraph (1) and Article 1 paragraph (2) of the 1945 Constitution. Postponing elections without valid constitutional reasons, such as a national emergency, is a violation of constitutional provisions and injures the sovereignty of the people which should be implemented periodically and democratically. The proposal is not based on objective legal interests, but rather reflects short-term political interests that have the potential to disrupt the democratic order and open loopholes for the practice of authoritarianism.

Penerbit
CV Ruang Publikasi Ilmiah
Kata kunci
General Election; Election; Constitutional; Constitutional Law; Constitutional Democratic System; Pemilihan Umum; Pemilu; Konstitusional; Hukum Tata Negara,; Sistem Demokrasi
E-ISSN
3089-0128
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