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ANALISIS PUTUSAN MAHKAMAH KONSTITUSI TENTANG BATAS USIA CALON PRESIDEN DAN WAKIL PRESIDEN: PERSPEKTIF NEGARA HUKUM
The age limit of presidential and vice presidential candidates is an important issue in the context of democratic elections. Every time a general election is approaching, there will be a submission of an application to the Constitutional Court regarding the age limit of presidential and vice presidential candidates. one of these applications is Constitutional Court Decision No. 90 / PUU-XXI / 2023 concerning the Age Limit for Presidential and Vice Presidential Candidates. In this decision, the applicant requested a judicial review of Article 169 letter (q) of Law Number 7 of 2023 concerning General Elections to add the phrase, “at least 40 years old or experienced as a regional head.” The Constitutional Court's decision was partially granted which became the public spotlight, which led to pro and con opinions from the public, so that in this study researchers examined the Constitutional Court Decision No.90 / PUU-XXI / 2023 using the perspective of the rule of law. This research uses a normative juridical approach. This is to facilitate researchers in analyzing the Constitutional Court's Decision when viewed from the principles of the rule of law and the suitability of the Constitutional Court's Decision in fulfilling the political rights and equality of all citizens. The results of this research are first, the Constitutional Court Decision No.90/PUU-XXI/2023 is substantially in accordance with the principles of the rule of law, but in the process of terminating it there were procedural and ethical code violations due to the judge's kinship with the figure or subject of preference in the Petitioner's petition. This violates the principles of the rule of law, especially the supremacy of law, the independence and impartiality of the courts as well as the limitation/division of powers. Apart from that, the Constitutional Court judge was deemed to have exceeded his authority by changing the phrase regarding the conditions for nominating the president and vice president, which should be the domain of the legislature (DPR) with the approval of the President. Second, there are inconsistencies in the MK decision No.90/PUU-XXI/2023 because of the previous decisions, namely MK Decision No.29/PUU-XXI/2023, No.51/PUU-XXI/2023, and No.55/PUU- XXI/2023, the judge rejected the applicant's application in its entirety. However, in Constitutional Court Decision No.90/PUU-XXI/2023, the judge partially granted the applicant's request. Third, from the perspective of political rights and equality, this ruling ensures justice by eliminating age discrimination. This is in line with Hart's legal concept and the principle of protecting human rights, allowing young leaders who are currently or have previously held positions elected through elections, including regional heads, to run for office without being hindered by age limits.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ANALISIS PUTUSAN MAHKAMAH KONSTITUSI TENTANG BATAS USIA CALON PRESIDEN DAN WAKIL PRESIDEN: PERSPEKTIF NEGARA HUKUM (Text)
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