Constitutional Democracy and Regulatory Vacuum During the Transition Period: A Study of Constitutional Court Decision No. 135/PUU-XXII/2024

Abstract

This study aims to examine the constitutional issues arising from the lack of regulations regarding the transition period for members of the Regional People’s Representative Council (DPRD) following the issuance of Constitutional Court Decision No. 135/PUU-XXII/2024, while also formulating a regulatory model consistent with the principles of constitutional democracy. The Constitutional Court’s decision has altered the structure of simultaneous elections by separating national elections from local elections. This change has created a mismatch between the end of the terms of office for DPRD members elected in the 2024 general election and the timing of the next local elections. This situation has the potential to create a legal vacuum (rechtvacuum), leading to legal uncertainty and raising issues of democratic legitimacy in the administration of local government. This study employs a normative legal research method using a statutory approach, a conceptual approach, and a case study approach. The research analysis is based on the theory of constitutional democracy, the theory of legal vacuum (rechtvacuum), the theory of legitimacy, the theory of political representation, and the theory of constitutional engineering. The results of the study indicate that the absence of transitional norms has the potential to undermine the principles of popular sovereignty, the rule of law, and political representation—all of which are constitutionally guaranteed under the 1945 Constitution of the Republic of Indonesia. Among the alternatives under consideration, the hybrid transitional model is viewed as the most suitable option for implementation within the context of Indonesia’s constitutional system. This model combines a limited, one-time extension of the terms of office for members of the Regional People’s Representative Council (DPRD) with the holding of local elections at a time explicitly stipulated by law. Such an arrangement is deemed capable of striking a balance between legal certainty, democratic legitimacy, the continuity of local government administration, and the protection of citizens’ constitutional rights. Therefore, it is necessary to establish transitional norms through legislative amendments that comprehensively regulate the transitional mechanism for the terms of DPRD members following the implementation of Constitutional Court Decision No. 135/PUU-XXII/2024.