MENGGAGAS KODIFIKASI UNDANG-UNDANG PEMILIHAN UMUM

Abstract

General Election serves as the primary instrument for realizing popular sovereignty as mandated by Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. However, Indonesia’s electoral legal framework still faces fundamental issues, particularly the regulatory fragmentation between the Election Law and the Regional Election Law. This separation results in normative disharmony, implementation barriers, and legal uncertainty that ultimately affect the quality of Election administration. This study aims to analyze the urgency of codifying the Election Law as a regulatory reform to ensure more effective, efficient, and integrity-based Elections. This study applies normative legal research using statutory, conceptual, and historical approaches. The findings demonstrate that the complexity of the 2019 Concurrent Election and the 2024 Election exposes weaknesses in the current legal design, especially concerning the excessive workload of Election administrators, the legal validity of Election technology, and recurrent issues in voter data management. Furthermore, meaningful public participation based on Arnstein’s ladder of participation is a prerequisite for the legitimacy of Election Law codification. Therefore, codification must be carried out through the integration of national and regional Election regimes into a single comprehensive law, strengthened protection for Election administrators and voters, as well as the formulation of research-based and participatory-driven regulations. Legal reform through Election Law codification is a strategic step toward reinforcing constitutional democracy in Indonesia.