ELECTORAL REFORM AND CONSTITUTIONAL REVIEW OF PRESIDENTIAL THRESHOLD IN INDONESIA

Abstract

The persistent disregard of Constitutional Court decisions by legislative bodies has emerged as a critical issue undermining legal certainty within Indonesia’s constitutional framework. Although the Constitution stipulates that Constitutional Court rulings are final and binding, their practical implementation is frequently ignored or inadequately followed up. This study examines the implications of such non-compliance for legal certainty and the constitutional authority of legislative institutions. Employing a normative juridical approach and case studies of several Constitutional Court decisions that remain unenforced, the research reveals that neglecting these rulings creates legal vacuums, fosters normative inconsistencies, and weakens the principle of constitutional supremacy. The findings further indicate that the absence of effective sanction mechanisms for non-compliance is a primary factor contributing to low adherence. Accordingly, the study recommends strengthening both regulatory provisions and the supervisory bodies tasked with ensuring the enforcement of Constitutional Court decisions as part of broader efforts to reinforce a legal system firmly grounded in constitutionalism.