CD Skripsi

Tinjauan Yuridis Putusan Mahkamah Konstitusi Nomor 90/PUU-XXI/2023 Terkait Persyaratan Calon Presiden Dan Calon Wakil Presiden Dikaitkan Dengan Asas Pembagian Kekuasaan

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The constitution is the foundation of the Indonesian state. The 1945 Constitution (UUD 1945) is one of the sources of Indonesian law. In relation to the existence of the Constitutional Court, it has been fundamentally regulated in article 24 C paragraph (1) of the 1945 Constitution of the Republic of Indonesia. In the Constitutional Court's decision, the age limit for presidential and vice presidential candidates was changed from 40 to 35 years and they have served as regional heads. The age limit is stated in Article 169 letter q of Law Number 7 of 2017 concerning Elections so it is felt to be inappropriate because the Constitutional Court is a judicial institution or negative legislator, which means it does not immediately make new rules and add legal norms to Law Number 7 2017 concerning General Elections. The Constitutional Court has no authority to replace or insert new norms into the content (paragraphs, articles and/or parts) of laws that have been declared contrary to the 1945 Constitution and therefore do not have binding legal force. Then what about the decision of the Constitutional Court Number 90/PUU-XXI/2023 concerning the age requirements for Presidential and Vice Presidential candidates which were declared to have violated the code of ethics by the judicial code of ethics council? Then how can the Constitutional Court add to the provisions of an article which could cause commotion in the world of Indonesian politics which is considered to prioritize certain parties.
This type of legal research can be categorized as using a normative type of legal research. Normative legal research is library legal research. The data sources used are secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection technique comes from the library research method. After the data is collected, conclusions are drawn
From the results of the research, 2 (two) main things were obtained, namely first, even though a judicial tip occurred, a criminal act or violation of the code of ethics committed by a judge, does not make the Constitutional Court's decision invalid or wrong. The Constitutional Court's decision is still considered correct and legal, because it is related to the principle of res judicata and the nature of the Constitutional Court's decision which is final and binding. Second, in this case the role of the Constitutional Court is as a judicial institution which has the task of examining laws that are already in force or that have been passed.

Keywords: Constitutional Court, Ethics, Conflict of Interest

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909124135

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

1909124135

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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