Analisis Perubahan Batas Usia Calon Presiden Dan Wakil Presiden Pasca Putusan Mahkamah Konstitusi Nomor 90/Puu-Xxi/2023

Muammal, Afiq and , Labib Muttaqin, S.H., M.H (2025) Analisis Perubahan Batas Usia Calon Presiden Dan Wakil Presiden Pasca Putusan Mahkamah Konstitusi Nomor 90/Puu-Xxi/2023. Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

This study aims to analyze the legal basis and considerations used by the judges in Constitutional Court Decision No. 90/PUU-XXI/2023 and the implications of Constitutional Court Decision No. 90/PUU-XXI/2023 on the age limit requirements for presidential and vice-presidential candidates. This research is normative and descriptive in nature, explaining an event in detail. The data collection technique used was literature. Data analysis in this study was conducted using a qualitative approach. The results of this study indicate that in Constitutional Court Decision No. 90/PUU-XXI/2023, the judges considered four factors. First, every Indonesian has the right to vote and be elected through general elections. The Constitutional Court judges considered the right to be elected as a constitutional right. Second, the Court granted part of the petition on the grounds of intolerable injustice, thereby overriding the principle of open legal policy. Third, political experience as a substitute for age was considered. Fourth, in other countries, many presidents and vice presidents were under 40 years of age when they were first inaugurated/took office. This ruling means that anyone under 40 who has held or is currently holding elected office can participate in the presidential and vice presidential contest. In conclusion, this ruling introduces new regulations that limit the minimum age requirements for presidential and vice presidential candidates, taking into account their experience in office. It also has a long-term impact on Indonesia's electoral system.

Item Type:	Thesis (Skripsi)
Uncontrolled Keywords:	constitutional court, legal considerations, presidential and vice presidential candidates
Subjects:	K Law
Divisions:	Fakultas Hukum > S1 Ilmu Hukum
Depositing User:	AFIQ MUAMMAL
Date Deposited:	07 Aug 2025 03:21
Last Modified:	07 Aug 2025 03:21
URI:	http://eprints.ums.ac.id/id/eprint/137203

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