The Constitutionality of Election Postponement Policies in the Perspective of Indonesian Constitutional Law
Fuente:
Zenodo
Enregistré dans:
| Auteurs principaux: | , |
|---|---|
| Format: | Recurso digital |
| Langue: | anglo-saxon (environ 450-1100), ancien anglais |
| Publié: |
Zenodo
2026
|
| Sujets: | |
| Accès en ligne: | |
| Tags: |
Ajouter un tag
Pas de tags, Soyez le premier à ajouter un tag!
|
| _version_ | 1866901371672854528 |
|---|---|
| author | Wuningtyas Naila Rohmah, Fifiana Wisnaeni |
| author_facet | Wuningtyas Naila Rohmah, Fifiana Wisnaeni |
| contents | <p>The postponement of general elections has emerged as a contentious constitutional issue in Indonesia, particularly in times of political uncertainty and national crisis. As a democratic state grounded in constitutional supremacy, Indonesia mandates periodic elections as an essential manifestation of popular sovereignty. This study examines the constitutionality of election postponement policies from the perspective of Indonesian constitutional law, emphasizing their compatibility with the 1945 Constitution of the Republic of Indonesia (UUD 1945). This research adopts a qualitative legal research method with a literature-based approach, analyzing constitutional norms, statutory regulations, decisions of the Constitutional Court, and authoritative scholarly opinions. The study aims to assess whether election postponement policies can be constitutionally justified and under what legal conditions such postponement may be deemed legitimate. The findings indicate that general elections constitute a constitutional obligation rather than a discretionary political policy. The five- year electoral cycle stipulated in Article 22E of the Constitution reflects a binding constitutional command that ensures democratic continuity and limits the concentration of power. Any deviation from this schedule, including election postponement, must therefore be grounded in explicit constitutional mechanisms, such as constitutional amendments or formally declared states of emergency as regulated by law.Furthermore, the study reveals that postponing elections without clear constitutional authorization risks undermining fundamental democratic principles, including legal certainty, popular sovereignty, and the rule of law. The absence of explicit constitutional provisions allowing election delay reinforces the position that such policies are constitutionally problematic. Consequently, the Constitutional Court plays a crucial role as the guardian of constitutional democracy in reviewing and controlling any attempts to delay elections through ordinary political or legislative measures. This research concludes that election postponement policies in Indonesia are constitutionally impermissible unless carried out through legitimate constitutional procedures. Upholding electoral regularity is essential to maintaining democratic integrity and preventing the erosion of constitutionalism in Indonesia.</p> |
| format | Recurso digital |
| id | zenodo_https___doi_org_10_5281_zenodo_18397983 |
| institution | Zenodo |
| language | ang |
| publishDate | 2026 |
| publisher | Zenodo |
| record_format | zenodo |
| spellingShingle | The Constitutionality of Election Postponement Policies in the Perspective of Indonesian Constitutional Law Wuningtyas Naila Rohmah, Fifiana Wisnaeni Constitutionality, Election Postponement, Constitutional Law <p>The postponement of general elections has emerged as a contentious constitutional issue in Indonesia, particularly in times of political uncertainty and national crisis. As a democratic state grounded in constitutional supremacy, Indonesia mandates periodic elections as an essential manifestation of popular sovereignty. This study examines the constitutionality of election postponement policies from the perspective of Indonesian constitutional law, emphasizing their compatibility with the 1945 Constitution of the Republic of Indonesia (UUD 1945). This research adopts a qualitative legal research method with a literature-based approach, analyzing constitutional norms, statutory regulations, decisions of the Constitutional Court, and authoritative scholarly opinions. The study aims to assess whether election postponement policies can be constitutionally justified and under what legal conditions such postponement may be deemed legitimate. The findings indicate that general elections constitute a constitutional obligation rather than a discretionary political policy. The five- year electoral cycle stipulated in Article 22E of the Constitution reflects a binding constitutional command that ensures democratic continuity and limits the concentration of power. Any deviation from this schedule, including election postponement, must therefore be grounded in explicit constitutional mechanisms, such as constitutional amendments or formally declared states of emergency as regulated by law.Furthermore, the study reveals that postponing elections without clear constitutional authorization risks undermining fundamental democratic principles, including legal certainty, popular sovereignty, and the rule of law. The absence of explicit constitutional provisions allowing election delay reinforces the position that such policies are constitutionally problematic. Consequently, the Constitutional Court plays a crucial role as the guardian of constitutional democracy in reviewing and controlling any attempts to delay elections through ordinary political or legislative measures. This research concludes that election postponement policies in Indonesia are constitutionally impermissible unless carried out through legitimate constitutional procedures. Upholding electoral regularity is essential to maintaining democratic integrity and preventing the erosion of constitutionalism in Indonesia.</p> |
| title | The Constitutionality of Election Postponement Policies in the Perspective of Indonesian Constitutional Law |
| topic | Constitutionality, Election Postponement, Constitutional Law |
| url | https://doi.org/10.5281/zenodo.18397983 |