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LEGAL REASONING PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 TENTANG SYARAT USIA CAPRES CAWAPRES ATAS PASAL 169 HURUF Q UU NOMOR 7 TAHUN 2017 TENTANG PEMILIHAN UMUM DITINJAU DARI PERSPEKTIF MASLAHAH
The determination of the age of presidential and vice presidential candidates as stated in Article 169 letter q of Law Number 7 of 2017 concerning elections has drawn pros and cons among the public. Constitutional Court Decision Number 90/PUU-XXI/2023 concerning the minimum age requirement for presidential and vice presidential candidates is 40 years. Law Number 7 of 2017 concerning elections as a judicial review and legal basis for the age of presidential and vice presidential candidates and the addition of a phrase to this decision, namely having or having served as the minimum age requirement for presidential and vice presidential candidates taken from the experience of being elected in general elections. The Constitutional Court as a negative legislator should not add new norms, because this is the authority of the DPR as a positive legislator. Therefore, the Constitutional Court is considered to have violated the limits of its authority. Then, the issue of the commotion that occurred at the Constitutional Court needs to be sorted out how Islam views Decision Number 90/PUU-XXI/2023 from a Maṣlaḥah perspective. The type of research used in this study is normative legal research or library research. The nature of this research is descriptive analytical which reveals the regulations of the Law related to legal theories. The research approach uses Legislation (Statute Approach). Data sources are primary and secondary data. Qualitative deductive data analysis using the legal reasoning and Maṣlaḥah views. The results of this study are that the decision of the Constitutional Court Number 90/PUU-XXI/2023 does not fully meet the standards of good and correct legal reasoning in the constitutional system. There are indications that the decisions made by the Panel of Judges are not entirely based on in-depth and transparent legal analysis, but are influenced by factors that have the potential to benefit certain parties that contradict the texts related to the criteria for Judges in Islam. The Decision of the Constitutional Court Number 90/PUU-XXI/2023 is also considered to be contrary to the article on judicial power. Not only that, the age requirements for presidential and vice presidential candidates are also considered to be contrary to the age criteria for leaders as regulated in Islam. This decision threatens the public interest and social stability. Thus, the Judge's legal reasoning in deciding the Constitutional Court Decision Number 90/PUU-XXI/2023 did not achieve the important goal of maṣlaḥah, namely public interest.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
LEGAL REASONING PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 TENTANG SYARAT USIA CAPRES CAWAPRES ATAS PASAL 169 HURUF Q UU NOMOR 7 TAHUN 2017 TENTANG PEMILIHAN UMUM DITINJAU DARI PERSPEKTIF MASLAHAH (Text)
LEGAL REASONING PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 TENTANG SYARAT USIA CAPRES CAWAPRES ATAS PASAL 169 HURUF Q UU NOMOR 7 TAHUN 2017 TENTANG PEMILIHAN UMUM DITINJAU DARI PERSPEKTIF MASLAHAH (Other)
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