Reconstruction of the Characteristics of the Constitutional Court’s Decision on the Minimum Age of Presidential and Vice-Presidential Candidates in the Republic Of Indonesia’s State Administrative System
There was a proposal that the minimum age of Indonesia’s Presidential and Vice-Presidential candidates should be 35 years as opposed to the original 40 years. Decision of the Constitutional Court No. 90/PUU-XXI/2023 on the Minimum Age of Presidential and Vice-Presidential Candidates rejected this proposal and declared that the minimum age is 40 years old with an additional sentence of "having had experience as a head of a region". This paper aims to analyze how Constitutional Court judges reconstruct the characteristics of the Constitutional Court decision in interpreting case No. 90/PUU-XXI/2023 and the considerations of Constitutional Court judges in applying legal regulation principles in deciding upon case No. 90/PUU-XXI/2023. Results found that The Decision of the Constitutional Court No. 90/PUU-XXI/2023 is unconstitutional as it violates the mandate of the 1945 Constitution and Article 169 letter (q) of Law No. 7 of 2017 on the General Election.
Authors
- Mahesa Rannie
- Dewi Iriani (ORCID: https://orcid.org/0000-0002-2030-1965)
- Muhammad Fauzan (ORCID: https://orcid.org/0000-0001-9609-5849)
- Arief Budiono (ORCID: https://orcid.org/0000-0002-5284-5684)
- Elsa Sintya Marvinda
Institutions
- Jenderal Soedirman University (ID)
- Sriwijaya University (ID)
- Muhammadiyah University of Surakarta (ID)
- Institut Agama Islam Negeri Bengkulu (ID)
Publication Details
- Journal
- Jurnal Dinamika Hukum
- Published
- 2024-12-02
- DOI
- https://doi.org/10.20884/1.jdh.2024.24.3.15571
- Primary Topic
- Indonesian Election Politics and Participation
- Type
- article
- Field-Weighted Citation Impact
- 0.00