MENAKAR KEPASTIAN HUKUM DALAM BATAS USIA PENSIUN JAKSA (KAJIAN NORMATIF TERHADAP PUTUSAN MK NOMOR 70/PUU-XX/2022)

Muhammad Luthfil Hakim, NIM.: 21103040037 (2025) MENAKAR KEPASTIAN HUKUM DALAM BATAS USIA PENSIUN JAKSA (KAJIAN NORMATIF TERHADAP PUTUSAN MK NOMOR 70/PUU-XX/2022). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

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.

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