Constitutional Review of Keuchik Tenure by the Constitutional Court

Abstract

The regulation of the Keuchik (village head) tenure in Aceh has become a constitutional issue following the inconsistency between the Law on the Governing of Aceh and the amended Village Law, which prescribe different terms of office for village leaders. This normative conflict culminated in the Constitutional Court's review of Article 115 paragraph (3) of Law No. 11 of 2006 on the Governing of Aceh, raising fundamental questions regarding the constitutional status of Aceh's special autonomy, the application of the lex specialis derogat legi generali principle, and the balance between legal certainty and equal treatment within Indonesia's decentralized governance system. This study examines the constitutional reasoning adopted by the Constitutional Court in reviewing the tenure of the Keuchik and evaluates its implications for the governance of Aceh. Employing a normative legal research method through statutory, constitutional, and conceptual approaches, the study analyzes relevant legislation, Constitutional Court Decision No. 40/PUU-XXIII/2025, and legal doctrines concerning regional autonomy and constitutional interpretation. The findings demonstrate that the Constitutional Court reaffirmed the constitutional validity of Aceh's special governance framework by recognizing the Law on the Governing of Aceh as a lex specialis that justifies a distinct tenure arrangement for the Keuchik. The decision strengthens legal certainty within Aceh's autonomous governance system while affirming that constitutional equality may accommodate differentiated legal treatment where it is expressly grounded in constitutionally recognized special autonomy.