IMPLICATION OF CHANGE THE VIEW CONSTITUTIONAL COURT IN JUDICIAL REVIEW ABOUT OPEN LEGAL POLICY THROUGH THE CONSTITUTIONAL COURT ‘S DECISION NUMBER: 116/PUU-XXI/2023

Abstract

The view of the Constitutional Court towards the judicial review, which is an open
legal policy, has changed with the emergence of new arguments, about the
understanding of one of the constitutional principles, namely the principle of
proportionality. The Decision of the Indonesian Constitutional Court Number
116/PUU-XXI/2023 has stated that Article 416 paragraph (1) of Law Number 7 of
2017 concerning Conditional Unconstitutional General Elections. This paper
examines the implications of this Constitutional Court decision on the
implementation of Law Number 7 of 2017, especially with regard to Article 416
paragraph (1) and the possibility of changing the Constitutional Court's attitude
towards the provisions of the Presidential Threshold (Article 222). This study is a
doctrinal study, using primary and secondary legal materials, in the form of laws
and regulations, Constitutional Court decisions, research results relevant to the
study. The results of this study stated that the establishment of the Constitutional
Court finally made changes, with new arguments being put forward when
interpreting whether or not it was in accordance with the constitution. This change
will open the opportunity for the repetition of test cases on the Presidential
Threshold, which have been rejected by the Constitutional Court.