ASAS KEDAULATAN RAKYAT DALAM PEMUNGUTAN SUARA ULANG PEMILIHAN GUBERNUR PAPUA 2025 (STUDI KASUS PUTUSAN MK 304/PHPU.GUB-XXIII/2025)

Abstract

The principle of popular sovereignty is a fundamental principle in a democratic state that serves as the basis for the legitimacy of general and regional elections. However, in practice, various violations are still found that have the potential to reduce the purity of the people's voice and give rise to disputes over election results. Previous research has generally focused on the authority of the Constitutional Court and the procedural aspects of resolving election disputes, while studies on the implementation of the principle of popular sovereignty in the implementation of the Revote (PSU), particularly in the 2025 Papua Gubernatorial Election based on Constitutional Court Decision Number 304/PHPU.GUB-XXIII/2025, are still limited. This study aims to analyze the application of the principle of popular sovereignty in the implementation of the PSU and its implications for the principles of Direct, General, Free, Secret, Honest, and Fair (LUBER JURDIL) and the legitimacy of election results. The method used is normative legal research with a statutory, conceptual, and case approach analyzed qualitatively. The results show that the PSU is a constitutional instrument to restore the purity of the people's voice due to violations that affect the legitimacy of election results. The Constitutional Court's ruling emphasized the importance of protecting citizens' political rights and upholding the principle of FAIR, JURDIL (Free and Fair Elections) at every stage of the election. This study concludes that the implementation of the revote played a role in strengthening democratic legitimacy and safeguarding popular sovereignty, despite still facing challenges such as voter administration issues, the professionalism of election organizers, and the socio-political complexities in Papua.