CD Skripsi
Legalitas Putusan Mahkamah Konstitusi Nomor 90/Puuxxi/ 2023 Tentang Pengujian Undang-Undang Nomor 7 Tahun 2017 Tentang Pemilihan Umum
ABSTRACT
Nowadays, developments in the legal aspect have created many changes to
the conditions of government in a country. One of the major changes currently
being highlighted by the public in Indonesia is the role of the judiciary, namely
the Constitutional Court (MK). The public's great attention to the Constitutional
Court cannot be separated from several incidents that occurred, one of which was
regarding the Constitutional Court's decision regarding the age limit
requirements for vice presidential candidacy which became big news recently.
The spotlight on the Constitutional Court and criticism was leveled as a result of
the Constitutional Court's decision regarding the legal material being reviewed
(judicial review) which was deemed political and full of interests. A code of ethics
is a compass that points the moral direction for legal professionals and at the
same time also guarantees the moral quality of the legal profession in the eyes of
society. It contains a list of special obligations for each member of the legal
profession to regulate their behavior in society and is expected to be adhered to
firmly by all members of the legal profession. This research wants to look at the
legality aspect of Constitutional Court Decision Number 90/PUU-XXI/2023
concerning Review of Law Number 7 of 2017 concerning General Elections
regarding the age limit for nominations for Presidential and Vice Presidential
candidates in Indonesia.
This research is normative legal research. This is based on library research
which takes quotations from reading books, or supporting books that are related
to the problem to be researched. Add data sources. Primary, secondary and
tertiary data sources are characteristic of this research. This research also uses
qualitative data analysis and produces descriptive data
From the results of the research and discussions carried out, several
conclusions were obtained, namely: First, the decision regarding the age limit for
candidacy for presidential and vice presidential candidates is different from
previous decisions that examined the same subject matter. This shows the
Constitutional Court's inconsistency in decision making. In the author's opinion,
there is an alleged conflict of interest behind the Constitutional Court Decision
No. 90/PUU-XXI/2023. However, on the other hand, the Constitutional Court's
decision must be interpreted as a legal norm that applies and has legality that has
permanent legal force. Second, the Constitutional Court's final decision is
attached to the essence of the Constitution's position as the highest law so that no
other law has a higher position than it. The meaning of this statement is that when
an issue is brought before the Constitutional Court and the Constitution is the
basis for its review, then the decision on the issue is absolutely final. This is
because the parties have made efforts to seek justice and guarantee their rights,
where these efforts are linked to the law which has the highest degree of
supremacy as the basis for testing.
Keywords: Constitutional Court - Legality - General Election
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