Analysis of the constitutional court's decision on the age limit of presidential and vice-presidential candidates in the perspective of Rechtstaat

Abstract

Purpose: This study aims to determine the application of the concept of obedience and application of the concept of the Rule of Law (Rechtstaat) and the concept of Trias Politica to the Constitutional Court Decision Number 90/PUU-XXI/2023 concerning the age limit for presidential and vice-presidential candidates and how the implementation and principles of individual freedom in the rule of law are implemented in Indonesia. Method: The research was conducted using normative research methods (doctrinal research) and a conceptual approach. Results: The research results show that the Constitutional Court's decision requires an approach to the concept of the Rule of Law (Rechstaat) and the Trias Politica concept so that there is no deviation from power and it is able to face the dynamics of change that occur in society, as well as making laws that are more autonomous from intervention by other authorities, such as political interests. Thus, the implementation of the rule of law in the context of a rule of law can be interpreted and followed by all citizens. Limitations: The main aim of applying the concept of the rule of law (Rechtstaat) and the concept of Trias politica is to limit the power of authority so as to produce legal science teaching centered on rights.