Legal Certainty Principle in Judicial Activism Decision of the Constitutional Court of the Republic of Indonesia Case Number 143/PUU-XXI/2023

Abstract

Judicial activism in the petition for Law Number 143/PUU-XXI/2023 concerning the term of office of regional heads / deputy regional heads can present the principles of legal certainty and substantive justice. The Petitioners in the case felt that they suffered constitutional losses due to a legal vacuum where the legislators failed to regulate the calculation of the term of office of regional heads elected in 2018 but inaugurated in 2019. As a result, the applicants experienced a cut in the term of office and could not run the full term of office for 5 (five) years. The type of research is normative, with a statutory approach, conceptual approach and comparative approach. The results showed that judicial activism carried out by the Constitutional Court could find substantive differences between Petition Number 143/PUU-XXI/2023 and Petition Number 62/PUU-XXI/2023, and the court could find a legal vacuum and restore the constitutional losses of the petitioners.