THE NATURE OF THE AGE LIMIT SETTINGS FOR PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES IN THE GENERAL ELECTION SYSTEM IN INDONESIA

Abstract Philosophically, the Presidential and Vice-Presidential Election is a representative of the sovereignty of the people, in essence, the regulation and implementation must reflect the principles of justice and equality for all groups without discrimination. However, the regulation of restrictions on political rights through the regulation of the age limit for presidential and vice-presidential candidates becomes resistant when juxtaposed with the principles of justice and equality in law. This does not reflect leadership skills in the dimensions of intellectual competence, freedom from ethics and morality, integrity and electability. Regulations regarding the restriction of political rights through the age limit for presidential and vice-presidential candidates that do not pay attention to leadership skills indicate the formation of a political cartel in the Election which then contradicts the principles of democracy. Legal products always end in the judicial process at the Constitutional Court. This raises a legal problem, namely the ambiguity of the norms of Article 6A paragraph 2 of the 1945 Constitution with Article 169 letter q of Law 7 of 2017. As well as a new interpretation of the minimum age limit for presidential and vice-presidential candidates in the Constitutional Court Decision No. 90 / PUU-XXI / 2023. The Constitutional Court's interpretation creates legal uncertainty regarding the practice of open legal policy regarding age restrictions for presidential and vice-presidential candidates, which is the legislative authority. This research is a normative legal research that includes a study of the basic principles contained in Pancasila, the 1945 Constitution of the Republic of Indonesia and other laws and regulations that regulate the age limit for presidential and vice presidential candidates using a philosophical approach, a historical approach, a legislative approach, a conceptual approach, and a comparative approach. The results of this study are (1) the essence of the regulation of the age limit for presidential and vice-presidential candidates is, first, a guarantee of certainty regarding leadership skills that include skills in morality/ethics, intellectual skills, integrity skills, and electability skills. Second, a guarantee of justice that has the dimensions of equal access and opportunity and a balance of maturity and innovation. Third, a guarantee of benefits for the realization of people's sovereignty. (2) The concept of the ideal regulation of the age limit for presidential and vice presidential candidates remains an open legal policy with the provision of 35 years based on the regulation of legal certainty regarding leadership skills that have the dimensions of guaranteeing human rights justice, justice to freedom from ethical and moral violations, intellectual skills, integrity skills, and electability skills.