Izin Kampanye Bagi Pejabat Negara Dalam Pemilihan Kepala Daerah Studi Putusan Mahkamah Konstitusi Nomor. 52/Puu-Xxii/2024

Agustina, Dini Puspita (2025) Izin Kampanye Bagi Pejabat Negara Dalam Pemilihan Kepala Daerah Studi Putusan Mahkamah Konstitusi Nomor. 52/Puu-Xxii/2024. Undergraduate Thesis thesis, UIN. K. H. Abdurrahman Wahid Pekalongan.

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Abstract

Decision Number 52/PUU-XXII/2024 submitted the main application regarding campaign permits for regional and state officials. Decision Number 52/PUU-XXII/2024 is important because it discusses the judicial review of Law Number 10 of 2016, Article 70 paragraph (2) which regulates the granting of political campaign permits for regional and state officials. Law Number 10 of 2016 Article 70 paragraph (2) concerning the Election of Governors, Regents, and Mayors into Law is the main point of Decree Number 52/PUU-XXII/2024 issued by the Constitutional Court, led by Ahmad Farisi and A Fahrur Rozi as applicants. Where this petition is to examine the constitutionality within the norms of the law. The applicant considers that his constitutional rights guaranteed by Article 18 paragraph (4), Article 22E paragraph (1), and Article 28D paragraph (1) of the 1945 Constitution are harmed by the enactment of the norms of the petitioned article. This study aims to analyze the legal interpretation and legal consequences of Decision Number 52/PUU-XXII/2024. The methodology used is a normative legal approach using a conceptualization approach, case studies, and statutory regulations. The results of the study show that the Constitutional Court in its decision considered the applicants' arguments inseparable from the entire norm of Article 70 paragraph (2) of Law Number 10 of 2016, which regulates campaign permits by state officials. Although the application for the addition of phrases in the article, the Court is of the opinion that this can actually require the limitations of existing norms and cause ambiguity in their interpretation. The term "participating in the campaign" is considered to have a broad scope, including the applicant's direct involvement in campaign activities. This study concludes that the Court should use a teleological interpretation method, namely an interpretation that gives meaning to legal provisions based on the social goals that the legislators want to achieve and pays attention to the development of society when the norm is implemented.

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