%A NIM.: 22203012099 Diki Ramadhan Alfarisi, S.H.
%O Dr. Ahmad Yani Ansori M, Ag.
%T JUDICIAL REVIEW SYARAT UMUR PENCALONAN SEBAGAI KEPALA DAERAH DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 23 P/HUM/2024
%X The rights and authorities of an agency are one of the policies implemented, in the right to material examination of the Supreme Court (MA) No.23 P/HUM/2024 General Election Commission Regulation (PKPU) No.9 of 2020 concerning the candidacy of Governor and Deputy Governor, Regent and Deputy Regent, and/or Mayor and Deputy Mayor as regulated by Article 4 paragraph (1) letter d of the General Election Commission Regulation 9/2020 which was previously calculated from the establishment of the candidate pair and now since the inauguration of the selected candidate pair. This is done as a form of legal standing against non-legal regulations under the law, especially related to the age limit for regional head candidates. The implications of the Supreme Court's decision on the regulation of age requirements, describe the legal basis used, and assess the compatibility of the decision with the principle of justice in the eyes of the law, in the context of Islam also prioritizes justice and does not discriminate, especially in the principle of Siyāsah Tasyrī'iyyah. This research is library research (library research), using a normative approach, the nature of this research leads to analytical descriptiveness and data collection using documentation techniques, social media such as news and websites as material for the author's discussion. The author's analysis goes through several stages. First, this stage of data reduction will select data and select primary data. Second, data display, this stage presents or attaches data. Third, analyze the data inductively. Fourth, concluding the data or also known as including. The author uses a deductive analysis method,
The results of this study are first, the legal construction of the Supreme Court's Decision Number 23/P/HUM based on the analogy method shows that although the Supreme Court's move to set the age limit, even though the Supreme Court's move to set the age limit for regional heads aims to maintain eligibility and competence. The results of the legal construction using the narrowing method show that the Supreme Court is trying to bridge the legal vacuum in a way that is considered the most relevant and practical necessity. The legal construction of argumentum a contrario shows that the Supreme Court should
not set an age limit for candidates for regional heads in its decision. However, this step is taken so as not to contradict the principles of legal certainty and justice. Second, the principles of Siyāsah Tasyrī'iyyah (1) maslahat aim to encourage policies to benefit the community (2) propriety to appoint leaders. It is applied as a function to face the formation of a law that does not harm the community in carrying out activities that occur in the election of regional heads.
%K Hak Wewenang, Konstruksi Hukum, Peraturan Komisi Pemilihan Umum
%D 2024
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib70062