%A NIM.: 21103040037 Muhammad Luthfil Hakim
%O Nurainun Mangunsong, S.H., M.Hum.
%T MENAKAR KEPASTIAN HUKUM DALAM BATAS USIA PENSIUN JAKSA (KAJIAN NORMATIF TERHADAP PUTUSAN MK NOMOR 70/PUU-XX/2022)
%X The retirement age of prosecutors changed when the Government and the
House of Representatives passed Law Number 11 of 2021 on Prosecutors' Office,
which lowered the retirement age of prosecutors to 60 years. Initially, the retirement
age for prosecutors in Law Number 16 of 2004 was set at 62 years. Problems occur
when prosecutors who are 59 years old or less feel that their constitutional rights
are lost and discriminated against. Law No. 11 of 2021 stipulates that prosecutors
aged 60 years or older follow the provisions of Law No. 16 of 2004. However, the
retirement age of prosecutors aged 59 years or less is not regulated, resulting in
differences in legal status and discrimination. Six prosecutors filed a petition with
the Constitutional Court because they felt that their constitutional rights were
harmed by the enactment of Law No. 11 of 2021 on the Prosecutor's Office. The
Constitutional Court finally provided an interpretation through decision number
70/PUU-XX/2022. The Constitutional Court judges postponed the enactment of
Law Number 11 of 2021 for 5 years. The retirement age setting after the
Constitutional Court's decision follows the old provisions, namely 62 years.
This research is normative research and is a normative legal research. The
approach used in this research is a case approach. The research is sourced from
legislation as primary material, as well as literature such as books, journals, articles,
and other scientific works as secondary legal material. Data analysis uses a
deductive qualitative method.
The results showed that the Constitutional Court Decision Number 70/PUUXX/
2022 is conditionally constitutional. The Constitutional Court postponed the
enactment of Law Number 11 of 2021 concerning the Prosecutor's Office. The
direct enactment of retirement age arrangements without providing a time lag to
affected parties is a note for lawmakers and the government. In the transitional
provisions, the DPR and the Government should provide a time lag so that the
enactment of the article does not immediately harm and provide time to the affected
parties.
%K Pensiun, Jaksa, Undang-Undang
%D 2025
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib71862