Ideas for Applying the Purcell Principle in Revision of the General Election Law

Abstract

This article examines the Purcell Principle, a topic that has received limited attention from Indonesian constitutional law and political science scholars despite its relevance to the 2024 General Election. Originating from Purcell v. Gonzalez case in the United States, the principle requires courts to exercise restraint in altering election rules when an election is imminent, in order to prevent voter confusion and electoral disorder. Against this backdrop, Constitutional Court Decision No. 90/PUU-XXI/2023 has been widely criticized as a form of abusive judicial review that departed from the Purcell Principle. This article argues that lawmakers should revise Law No. 7 of 2017 on General Elections by incorporating the principle for the 2029 election cycle. To ensure its effective implementation, legal reform must also strengthen dialogue and collaborative action among election-related state institutions to build a shared understanding of the urgency of the Purcell Principle in securing honest, fair, and stable elections.