@phdthesis{digilib70744,
           month = {February},
           title = {IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 TENTANG BATAS USIA CAPRES DAN CAWAPRES TERHADAP PEMILU LANGSUNG 2024 DI INDONESIA},
          school = {UIN SUNAN KALIJAGA YOGYAKARTA},
          author = {NIM.: 18103040140 Ahmad Dihan Afrohi},
            year = {2025},
            note = {Syaifullahil Maslul, M.H},
        keywords = {Mahkamah Konstitusi, Penyelenggaraan Pemilu, judicial Restraint dan
Open Legal Policy},
             url = {https://digilib.uin-suka.ac.id/id/eprint/70744/},
        abstract = {Elections play a strategic role in building democracy and guaranteeing people's
rights. One of the main features of democracy is elections, while in 2024 it will be held
on Wednesday, February 14 directly and in various regions facing various challenges
in the process, especially in this case regarding the age limit of presidential and vice
presidential candidates which has become a lot of public attention. Meanwhile, the
age limit for presidential and vice presidential candidates has been regulated in Article
169 letter q of Law No. 7 of 2017 and then submitted to the Constitutional Court by
the applicant. Materially, the decision of the Constitutional Court Number 90 / PUUXXI
/ 2023 concerning the judicial review of Article 169 letter q affects the political
configuration ahead of the registration of presidential and vice presidential candidates
in participating in the 2024 direct elections in Indonesia.
This type of research is legal research, the methodology used by the author is
field research using a juridical-empirical approach and conceptual approach. In
dissecting the subject of this research using the principles of legal certainty, judicial
restraint and open legal policy. The primary source used is the Constitutional Court
Decision Number 90/PUU-XXI/2023. Meanwhile, the data collection technique uses
literature study techniques. Therefore, the analysis methodology contains the content
analysis method, accompanied by deductive techniques.
The results of this study conclude: First, the Constitutional Court has reflected
constitutional rights through the principle of legal certainty by considering the a quo
norm, the a quo verdict has provided the principle of legal certainty for the applicant
but the implications of the a quo verdict are not in line with the principle of legal
certainty as the teachings of Gustav Radbruch's three basic legal values say that legal
certainty must be absolutely achieved in order to guarantee the public interest and law
enforcement efforts. Second, the Decision does not accommodate the principle of
judicial restraint in preventing excessive judicial activism. Because in principle
Judicial restraint emphasizes that judges should not be too active or exceed their
authority in making policies or broad interpretations. but the implementation of the
Constitutional Court's argumentation in the a quo decision uses more open legal policy
in determining the age requirements for presidential and vice presidential candidates
is the responsibility of the DPR and the President as legislators and not the authority
of the Constitutional Court.}
}