Pemilihan Umum Legislatif dalam Sistem Proporsional Terbuka dan Tertutup (Studi Putusan MK No.114/Puu-XX/2022 Terkait Uji Materil UU No. 7 Tahun 2017 tentang Pemilihan Umum)

Abstract

This research discusses the comparison between open and closed proportional systems in legislative elections, focusing on the analysis of the ruling of the Constitutional Court (MK) No. 114/PUU-XX/2022 which conducts judicial review of the law No. 7 of 2017 on general elections. In an open proportional system, voters have the freedom to vote for legislative candidates directly, while in a closed proportional system, voters only vote for political parties, and legislative candidates are determined by those parties. The Constitutional Court's ruling is significant as it affirms the legitimacy of the electoral system used in Indonesia and its impact on democracy, political representation, and voter rights. This research aims to outline the legal foundations, constitutional arguments, and the socio- political impact of the legislative election system stipulated in the election law, using the Constitutional Court's ruling as a basis for reinforcing the clarity of Indonesia's electoral system. This research applies a normative juridical method, using an approach that involves analyzing relevant legal regulations and conducting literature reviews related to legal issues. The results indicate that the selected electoral system affects both political representation and public participation in the democratic electoral process.