RATIO DECIDENDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 TENTANG BATAS USIA MINIMAL CALON PRESIDEN DAN WAKIL PRESIDEN

Yulistio Adinda Putri, NIM.: 20103040017 (2024) RATIO DECIDENDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 TENTANG BATAS USIA MINIMAL CALON PRESIDEN DAN WAKIL PRESIDEN. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The Constitutional Court has decided cases with various types of decisions. One of them is Decision Number 90/PUU-XXI/2023, which became a polemical product of the Constitutional Court. This is because the Constitutional Court examines the object of the case which is an open legal policy of the legislators that is allowed and does not conflict with the 1945 Constitution. The problem occurred because the Constitutional Court decided the case by partially granting the Petitioner's request. This is what has generated polemics because it contradicts the previous decision. The difference in verdicts on cases with similar constitutional issues has caused unrest in various circles of Indonesian society because it is full of politics, especially since the case was decided when the 2024 election constituency took place. The type of research used by the compiler is normative juridical research with data collection techniques in the form of library research. Data collection techniques in the form of library research. Approach used in the research, namely statutory, case and conceptual approaches, using secondary data consisting of conceptual approach, by using secondary data consisting of primary materials primary materials in the form of laws and Constitutional Court decisions related to research, secondary materials in the form of books, journals, and tertiary materials in the form of KBBI, dictionary, and dictionary. tertiary materials in the form of KBBI, legal dictionaries, and the internet. Processing and analysis techniques material in this study using qualitative analysis methods which are then presented in descriptive form. The results of this research are divided into two discussion points. First, that Constitutional Court Decision Number 90/PUU-XXI/2023 does not apply one of the principles of legal objectives, namely legal certainty. This is evidenced by the inconsistency of the Constitutional Court Judges in deciding open legal policy cases with the same constitutional issues. Then, the decision reaped polemics and unrest among the public because it was strong in political terms, there was an element of favoritism towards one of the Constitutional Court Judges which resulted in a form of injustice, did not prove the existence of a legal vacuum, changed something that was certain to be ambiguous, and lack of clarity in exercising authority. Second, the judges in deciding Case Number 90/PUU-XXI/2023 used various interpretation methods, such as grammatical, systematic, historical, teleological, comparative, and extensive interpretation.

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