Krisna Eka Prasetya
The Constitutional Court Decision Number 60/PUU-XXII/2024, rendered in close proximity to crucial stages of the electoral process, has generated ambivalence and inconsistency regarding the temporal effect of constitutional rulings, particularly when compared to Decision Number 14/PUU-XI/2013, which applied prospective overruling approach. This inconsistency triggered a form of administrative force majeure (factum principis), as reflected in the hasty enactment of General Election Commission Regulation Number 10 of 2024, which disregarded proper legislative procedures. This study aims to reconstruct the time limit for the constitutional review of electoral laws trough the adoption of the Purcell Principle. The research employs a normative juridical metodh, using statutory, case, conceptual, and comparative approaches. The study recommends the institutionalization of a constitutional cut-off of 6 (six) months prior to the commencement of electoral stages. If a petition is decided beyond thi treshold, the Constitutional Court should exercise judicial restraint by declaring the ruling prospective and applicable only to the subsequent election period. © 2024 by Jurnal Konstitusi.
Fakultas Hukum Universitas Negeri Semarang, Jawa Tengah, Indonesia
