MENIMBANG ASAS NEMO JUDEX IN CAUSA SUA DALAM PUTUSAN MK NOMOR 90/PUU-XXI/2023 TENTANG BATASAN USIA MINIMAL PRESIDEN DAN WAKIL PRESIDEN

Asya ‘Izzati Fadilah, NIM.: 21103040072 (2025) MENIMBANG ASAS NEMO JUDEX IN CAUSA SUA DALAM PUTUSAN MK NOMOR 90/PUU-XXI/2023 TENTANG BATASAN USIA MINIMAL PRESIDEN DAN WAKIL PRESIDEN. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This study aims to analyze the application of the nemo judex in causa suaprinciple in the Constitutional Court Decision Number 90/PUU-XXI/2023 and its implications for the principles of justice and the integrity of the judiciary. This principle is particularly relevant in the context of a judge who has a vested interest in adjudicating a case. Therefore, the study seeks to explore in-depth how the nemo judex in causa sua principle is applied by judges in their decision-making process and the implications arising from the disregard of this principle. To address the research objectives, a field research approach is employed, utilizing an empirical juridical method with a case approach and legal principles. Data collection is conducted through documentation techniques by analyzing Constitutional Court Decision Number 90/PUU-XXI/2023. The findings reveal that the nemo judex in causa sua principle was disregarded, as evidenced by (a) the familial relationship between Anwar Usman and Gibran Rakabuming Raka, (b) the inclusion of Gibran's name in the petitioner’s arguments, and (c) Anwar Usman's decision not to recuse himself from the trial despite the potential conflict of interest. The violation of the nemo judex in causa sua principle in this decision impacts the core values of legal theory objectives, namely justice, utility, and legal certainty. From an ethical theoretical perspective, the decision creates injustice due to a clear conflict of interest. From a utilitarian theoretical viewpoint, the broader societal benefits of the law are not realized, as opportunities for young leaders become concentrated on specific candidates. Meanwhile, from a juridical-dogmatic perspective, the violation of this ethical principle undermines legal certainty, creates ambiguity, and diminishes public trust in the judiciary's integrity.

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