Implikasi Hukum Putusan Mahkamah Konstitusi Nomor 135/PUU-XXII/2024 tentang Pemisahan Pemilu Nasional dan Lokal

Abstract

Constitutional Court Decision No. 135/PUU-XXII/2024, which separates national and local elections starting in 2029, has major implications for the design of democracy and the Indonesian constitutional system. This separation is intended to strengthen the presidential system, increase voter focus, and reduce the burden on election organizers. However, the consequence is the potential for vacancies in regional head and DPRD member positions due to the mismatch between their terms of office and the new election schedule. This study uses a normative legal research method with a legislative, case, conceptual, and comparative approach. The results show that there are two transition schemes that can be pursued: the appointment of acting regional heads and the extension of DPRD terms of office. Both have legitimacy issues, as acting officials lack an electoral mandate, while term extensions risk being perceived as contrary to the principle of the periodicity of power. This study emphasizes the need for a comprehensive legal transition design through legislative revision to ensure the continuity of local government without compromising the principles of constitutional democracy and popular sovereignty.