CONSTITUTIONAL COURT DECISION NUMBER 90/PUU-XXI/2023 CONCERNING MINIMUM AGE REQUIREMENTS FOR PRESIDENTIAL AND VICE PRESIDENTIAL CANDIDATES FROM AN ISLAMIC LAW PERSPECTIVE

The Constitutional Court (MK) decision number 90/PUU-XXI/2023 regarding the minimum age requirements for Presidential and Vice Presidential candidates has given rise to various discussions, especially in the legal context. This article aims to analyze this decision from the perspective of Islamic law. In Islamic law, leaders must have adequate leadership qualities, including maturity in age. The Qur'an emphasizes the importance of maturity in carrying out responsibilities, and age is often considered a factor that reflects this maturity. However, Islamic law also provides room for interpretation and the context of changing times. The Constitutional Court's decision regarding the minimum age requirements for Presidential and Vice Presidential candidates can be seen from the perspective of Islamic law as a policy that seeks to achieve a balance between realistic requirements and the principles firmly held in Islam. In this research there are two focuses of discussion, namely, what are the principles of justice in the decision of the constitutional court number 90/PUU-XXI/2023?, secondly, what is the decision of the constitutional court number 90/PUU-XXI/2023 from the perspective of Islamic law?. The research method used in this research uses qualitative research methodology. Qualitative methods are research procedures whose results are ultimately in the form of descriptive data which includes written words. Overall, the Constitutional Court's decision regarding the minimum age requirements for Presidential and Vice Presidential candidates offers a starting point for exploring the relationship between positive law and Islamic law in the context of political leadership. However, further discussion is still needed to determine the extent to which the application of the minimum age requirement is in accordance with deeper Islamic values.

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Journal
Proceeding of International Conference on Education and Sharia
Published
2024-08-31
DOI
https://doi.org/10.62097/ices.v124.96
Primary Topic
Legal Studies and Policies
Type
article
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article

CONSTITUTIONAL COURT DECISION NUMBER 90/PUU-XXI/2023 CONCERNING MINIMUM AGE REQUIREMENTS FOR PRESIDENTIAL AND VICE PRESIDENTIAL CANDIDATES FROM AN ISLAMIC LAW PERSPECTIVE

Siti Aisyah, Mohammad Haris Taufiqur Rahman, Mulyadi Mulyadi
Proceeding of International Conference on Education and Sharia
Legal Studies and Policies
article

CONSTITUTIONAL COURT DECISION NUMBER 90/PUU-XXI/2023 CONCERNING MINIMUM AGE REQUIREMENTS FOR PRESIDENTIAL AND VICE PRESIDENTIAL CANDIDATES FROM AN ISLAMIC LAW PERSPECTIVE

Siti Aisyah, Mohammad Haris Taufiqur Rahman, Mulyadi Mulyadi
article en

Abstract

The Constitutional Court (MK) decision number 90/PUU-XXI/2023 regarding the minimum age requirements for Presidential and Vice Presidential candidates has given rise to various discussions, especially in the legal context. This article aims to analyze this decision from the perspective of Islamic law. In Islamic law, leaders must have adequate leadership qualities, including maturity in age. The Qur'an emphasizes the importance of maturity in carrying out responsibilities, and age is often considered a factor that reflects this maturity. However, Islamic law also provides room for interpretation and the context of changing times. The Constitutional Court's decision regarding the minimum age requirements for Presidential and Vice Presidential candidates can be seen from the perspective of Islamic law as a policy that seeks to achieve a balance between realistic requirements and the principles firmly held in Islam. In this research there are two focuses of discussion, namely, what are the principles of justice in the decision of the constitutional court number 90/PUU-XXI/2023?, secondly, what is the decision of the constitutional court number 90/PUU-XXI/2023 from the perspective of Islamic law?. The research method used in this research uses qualitative research methodology. Qualitative methods are research procedures whose results are ultimately in the form of descriptive data which includes written words. Overall, the Constitutional Court's decision regarding the minimum age requirements for Presidential and Vice Presidential candidates offers a starting point for exploring the relationship between positive law and Islamic law in the context of political leadership. However, further discussion is still needed to determine the extent to which the application of the minimum age requirement is in accordance with deeper Islamic values.

Proceeding of International Conference on Education and ShariaVol. 1
Universitas Jember (ID), Universitas Bondowoso (ID)
Openalex Percentile: Top 49%
Legal Studies and Policies
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