The Constitutional Court’s Progressive Interpretation of Simultaneous Elections from the Perspective of Pancasila Democracy

Abstract

The Constitutional Court of the Republic of Indonesia Decision Number 135/PUU-XXII/2024 introduces a significant transformation in Indonesia’s electoral system by separating national and regional elections. This decision generates constitutional debates regarding the scope of judicial authority, the nature of constitutional interpretation, and the balance between judicial innovation and democratic principles. This study aims to analyze the Constitutional Court’s progressive interpretation in Decision Number 135/PUU-XXII/2024 and examine its implications for Pancasila democracy. This research employs a normative legal method using statutory, conceptual, case, and comparative approaches. The analysis focuses on the Court’s ratio decidendi, constitutional reasoning, and comparative experiences of judicial interpretation in democratic constitutional systems. The findings demonstrate that the decision adopts a hybrid interpretive approach, combining progressive constitutional reasoning responsive to democratic needs with an expansive judicial role that approaches positive lawmaking. The decision contributes to strengthening substantive democratic justice and improving electoral governance; however, it also raises concerns regarding legal certainty, consistency with previous jurisprudence, and the balance of powers within constitutional democracy. This study argues that progressive constitutional interpretation in Indonesia requires a balance between responsiveness to societal developments and judicial restraint to maintain institutional legitimacy and the integrity of Pancasila constitutionalism.