Strengthening the Open Proportional Election System after the Constitutional Court Decision Number 114/Puu-Xx/2022 from the Perspective of People's Sovereignty

Abstract

The focus of this research is the open proportional election system after the Constitutional Court Decision Number 114/PUU-XX/2022. This study aimed to analyze the legal implications of Constitutional Court Decision Number 114/PUU-XX/2022 from the perspective of people’s sovereignty. Research methods with a normative approach were analyzed in a qualitative descriptive manner. The results showed that the basis for consideration of the decision of the Constitutional Court Number 114/PUU-XX/2022, as the Petitioners’ application is not grounded in law in its entirety. The Constitutional Court rejected the arguments presented considering its ruling, the Constitutional Court used textual interpretation or original intent and systematic interpretation. The Constitutional Court considered the open proportional election system closer to the concept of elections in the 1945 NRI Constitution. The constitution mandates consideration of the Constitutional Court is still very relevant, especially in terms of continuing to apply the open proportional system. The legal implications of the Constitutional Court decisions are legal certainties of election implementation, strengthening the open proportional election system, and increasing. Suggestions to ensure legal certainty, vote laws are not often changed, and changes to an electoral system are adjusted to the dynamics and needs of conducting elections, as well as the real needs of the community as holders of popular sovereignty
 Keywords: general elections, electoral system, people’s sovereignty