E ISSN: 2583-049X

International Journal of Advanced Multidisciplinary Research and Studies

Volume 4, Issue 3, 2024

Legal Certainty Principle in Judicial Activism Decision of the Constitutional Court of the Republic of Indonesia Case Number 143/PUU-XXI/2023

Author(s): Veris Septiansyah, Ahmad Suryono, Icha Cahyaning Fitri, Dominikus Rato

DOI: https://doi.org/10.62225/2583049X.2024.4.3.2754


Judicial activism in the petition for Law Number 143/PUU-XXI/2023 concerning the term of office of regional heads / deputy regional heads can present the principles of legal certainty and substantive justice. The Petitioners in the case felt that they suffered constitutional losses due to a legal vacuum where the legislators failed to regulate the calculation of the term of office of regional heads elected in 2018 but inaugurated in 2019. As a result, the applicants experienced a cut in the term of office and could not run the full term of office for 5 (five) years. The type of research is normative, with a statutory approach, conceptual approach and comparative approach. The results showed that judicial activism carried out by the Constitutional Court could find substantive differences between Petition Number 143/PUU-XXI/2023 and Petition Number 62/PUU-XXI/2023, and the court could find a legal vacuum and restore the constitutional losses of the petitioners.

Keywords: Judicial Activism, Legal Certainty, Justice

Pages: 127-137

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