CONSTITUTIONALITY OF EXTENDING THE TERM OF OFFICE OF REGIONAL HEADS AFTER THE CONSTITUTIONAL COURT DECISION NUMBER 135/PUU-XXII/2024 SIYASAH SYAR'IYYAH PERSPECTIVE

Abstract

Indonesia as a legal country places the constitution as the highest norm in running the government. The development of the constitutional system in Indonesia after the reform continues to undergo changes. One of the latest changes is the emergence of the Constitutional Court Decision Number 135/PUU-XXII/2024 which changes the electoral system in Indonesia. This study uses a qualitative approach with a normative juridical method. Data taken from legal materials, both primary and secondary. The result of this research is that the Constitutional Court Decision Number 135/PUU-XXII/2024 is believed to be a major change in the electoral system that has a direct impact on the term of office of the region and has the potential for a missynchronization of the term of office that can cause vacancy or encourage the discourse of extending the term of office of regional heads. Various risks that can occur are reducing the opportunity of the public to elect new leaders periodically which results in the weakening of democratic principles, the extension of the term of office can lead to abuse of power, and the weakening of leadership regeneration. The conclusion of this study is that the decision of the Constitutional Court is not in line with the main principles of siyasyah syar'iyyah which are the foundation in the life of the state. Although this ruling aims to increase the effectiveness of the electoral system and reduce the excessive workload, many consequences arise such as problems that are contrary to the basic values of Islamic political law and positive state law.