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PERGESERAN MAHKAMAH KONSTITUSI DARI JUDICIAL RESTRAINT MENUJU JUDICIAL ACTIVISM (STUDI ATAS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 62/PUU-XII/2024)
Judicial activism is a concept whereby judges take an active role in deciding cases outside their jurisdiction, including those within the legislative domain. Although there are pros and cons to the application of this concept, this approach demonstrates a more progressive judiciary in terms of upholding constitutional values. The Constitutional Court has designated Decision No. 62/PUU-XII/2024 as a landmark decision. This is based on the complete elimination of the threshold requirement for presidential and vice-presidential candidacy. In the context of Article 222 of Law Number 7 of 2017 concerning General Elections, there have been 33 judicial reviews until Constitutional Court Decision Number 62/PUU-XII/2024, in which the Court granted the Petitioner's request in its entirety. With the granting of this ruling, it is important to examine the principle of the Constitutional Court's shift and its implications for the principle of constitutional democracy and changes to the candidate nomination system in future elections in Indonesia. This research is legal research using library research methods based on data sources in the form of primary legal materials, namely Constitutional Court Decision Number 62/PUU-XII/2024, as well as secondary legal materials including books, journals, papers, and scientific works that support the research theme. This research is a juridical-normative legal study with a conceptual approach. Data collection techniques used literature studies and interviews. The results of this study found that the shift in Constitutional Court Decision Number 62/PUU-XII/2024 was due to factors related to the characteristics of the Constitutional Court's leadership, the composition of the Constitutional Court judges, and the transition of the Court's considerations from previous decisions. The implications of Constitutional Court Decision No. 62/PUU-XII/2024 are that the Constitutional Court has succeeded in restoring a more inclusive constitutional democratic space, thereby guaranteeing the equal rights of political parties to nominate presidential and vice-presidential candidates and the rights of citizens to have a more diverse range of candidates.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PERGESERAN MAHKAMAH KONSTITUSI DARI JUDICIAL RESTRAINT MENUJU JUDICIAL ACTIVISM (STUDI ATAS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 62/PUU-XII/2024) (Text)
PERGESERAN MAHKAMAH KONSTITUSI DARI JUDICIAL RESTRAINT MENUJU JUDICIAL ACTIVISM (STUDI ATAS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 62/PUU-XII/2024) (Other)
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