LEGAL LOOPHOLE DALAM PROSES PEMILU 2024 DAN DAMPAKNYA TERHADAP DISSENTING OPINION HAKIM: ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 1/PHPU.PRES-XXII/2024 DAN NOMOR 2/PHPU.PRES- XXII/2024

Elections in Indonesia have undergone various changes and challenges, including legal issues that can influence election outcomes. Constitutional Court decisions Number 1/PHPU.PRES-XXII/2024 and Number 2/PHPU.PRES-XXII/2024
regarding the Dispute over the 2024 Presidential Election Results have become the main focus, as they include dissenting opinions, one of which is from Justice Saldi Isra, who identified weaknesses in the form of legal loopholes in the electoral process. These loopholes must be addressed to ensure justice and the sustainability of democracy. This study focuses on two main objectives. First, it analyzes the legal considerations underlying Justice Saldi Isra's dissenting opinion in the aforementioned election dispute decisions, including identifying the legal loopholes that formed the basis of his viewpoint. Second, it explores the implications of this dissenting opinion on Indonesia's electoral system, both in terms of improving election regulations and strengthening democratic principles in the future. This study employs a normative juridical method with a statute approach, a conceptual approach, and a case approach. The data collection techniques involve primary and secondary legal materials. Primary legal materials focus on the 1945 Constitution of the Republic of Indonesia, Law No. 7 of 2020 on the Constitutional Court, Law No. 17 of 2017 on Elections, Law No. 48 of 2009 on Judicial Power, PKPU No. 3 of 2022 on the stages and schedules of election implementation, and the 2024 election dispute decisions No. 1 and No. 2. Secondary legal materials include books, scholarly journals, internet documents, and other relevant sources. The analysis process involves data collection, data reduction, data presentation, and drawing conclusions. The findings reveal two key points. First, there are several legal loopholes that can be exploited during the electoral process, such as the distribution of social assistance ahead of elections and the lack of neutrality among executive officials, which have the potential to cause injustice. Second, dissenting opinions from Constitutional Court judges are not limited to the legal domain but can also influence public perceptions of court decisions and election organizers. This study concludes that legal loopholes in the 2024 electoral process can significantly impact dissenting opinions among judges, which, in turn, can undermine electoral integrity and public trust in Indonesia's electoral system. This research aims to contribute to the development of electoral law and raise awareness of the importance of reforming the electoral system in Indonesia. Thus, this study not only highlights the legal challenges faced in elections but also offers recommendations for future improvements
Keywords: Legal Loophole, Dissenting Opinion, General Election Results Dispute (PHPU)