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IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 TENTANG BATAS USIA CAPRES DAN CAWAPRES TERHADAP PEMILU LANGSUNG 2024 DI INDONESIA
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.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 TENTANG BATAS USIA CAPRES DAN CAWAPRES TERHADAP PEMILU LANGSUNG 2024 DI INDONESIA (Text)
IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 TENTANG BATAS USIA CAPRES DAN CAWAPRES TERHADAP PEMILU LANGSUNG 2024 DI INDONESIA (Other)
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