PENGGUNAAN METODE DELIBERATIVE LEGISLATIVE PROCESS DALAM PEMBENTUKAN UNDANG-UNDANG PEMILU PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR : 135/PUU-XXI/2024 TENTANG PEMISAHAN PEMILU NASIONAL DAN PEMILU LOKAL

Abstract

The dynamics of electoral law formation in Indonesia have undergone significant transformation following Constitutional Court Decision No. 135/PUU-XXI/2024, which mandates the separation of national and local elections. This ruling necessitates adjustments to the legislative process of electoral laws to ensure constitutional consistency, political legitimacy, and administrative feasibility. This study aims to analyse the use of the Deliberative Legislative Process method as a normative approach in the formation of post-ruling electoral laws. By applying the doctrinal legal research method, this study integrates Habermas' theory of deliberative democracy with the concept of participatory legislation based on Law No. 13 of 2022 on the Formation of Legislation. The results of the study indicate that the deliberative approach has not been optimally institutionalised in the legislative practice of the House of Representatives (DPR), as public participation is still procedural rather than substantive. Furthermore, the Constitutional Court's ruling provides an opportunity to reconstruct the electoral law formation process through deliberative inclusiveness and rational communication between lawmakers, political parties, and citizens. This study concludes that a deliberative legislative framework is essential to strengthen the democratic legitimacy and accountability of electoral law formation in Indonesia.