CD Skripsi

Pembatasan Penafsiran Kebijakan Hukum Terbuka Dalamm Putusan Mahkamah Konstitusi Republik Indonesia (Analisis Putusan MK Nomor: 90/PUU-XXI/2023 Tentang Ketentuan Tambahan Pengalaman Menjabat Dari Keterpilihan Pemilu Dalam Syarat Usia Minimal Capres/Cawapres)

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The authority of the Constitutional Court (MK) to review laws against the 1945 Constitution has a major influence in the field of law, based on this authority the Constitutional Court can decide whether the norms of a law, either in part or in full, are in accordance with the norms of the 1945 Constitution (constitutional value) or are contrary (unconstitutional value). The authority to review laws gives rise to an authority that mutatis mutandis (automatically) exists, namely the authority to interpret in a law review, which is not explicitly regulated in the constitution. The absence of rules related to this interpretation authority raises the issue of how the Constitutional Court is limited in interpreting. In the case of Constitutional Court decision number 90/PUU-XXI/2023, which was partially granted with the addition of new norms, even though its predecessor decisions, namely numbers 29/PUU-XXI/2023, 51/PUU-XXI/2023, and 55/PUU-XXI/2023, were rejected because they were interpreted as open legal policies even though the object of JR and the petitum were more or less the same, this shows inconsistency due to the absence of limits in the interpretation carried out by the Constitutional Court.
This type of research can be classified into a type of normative legal research with a case study approach. This research is conceptualized in law as something written in laws and regulations or law is conceptualized as rules/norms that become benchmarks in behavior that are considered appropriate. This research uses secondary data sources, and data collection techniques using the literature review method.
From the research results, conclusions can be drawn. First, the limitation of the interpretation of open legal policy in the decision of the Constitutional Court of the Republic of Indonesia regarding the age limit of the presidential / vice presidential candidate is that the content of the material is not regulated by the constitution. Second, the legal consequences of the interpretation of open legal policy by the Constitutional Court of the Republic of Indonesia regarding the age limit of the presidential / vice presidential candidate are regulatory changes, election dynamics and legal implications. Suggestions that the author can address to the Constitutional Court are First, Clarify the concept of open legal policy. Second, clearly include restrictions on open legal policy in the consideration of a decision. Third, be consistent with decisions in cases with the same subject and substance.
Keywords: Constitutional Court, Interpretation, Open Legal Policy

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2009110014

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Tata Negara., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2009110014

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM TATA NEGARA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

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