Constitutional Court Decree No 90/Puu-XII/2023 Provisions on Age Requirements for Presidential and Vice Presidential Candidates in the Principles of the State of Law and Pancasila Democracy

Abstract

Purpose: This study aimed to determine whether Constitutional Court Decision Number 90/PUU-XII/2023 concerning the Age Requirements for Presidential and Vice Presidential Candidates is in accordance with the principles of the rule of law and Pancasila democracy. Method: This article was prepared using normative juridical research methods with statutory, case, and conceptual approaches. In this approach, several primary legal materials are used, namely statutory regulations that are relevant to the object of study, especially Constitutional Court Decision Number 90/Puu-XII/2023. In addition, the researcher used a case approach to understand the decidendi ratio, namely the legal reasons used by the judge to arrive at his decision, and a conceptual approach used by the researcher to understand the concept of the rule of law and the democratic principle of Pancasila, which refers to the doctrine that developed in the views of the Ulama or legal doctrine. Results: The results of this research indicate that the procedures or mechanisms for implementing Constitutional Court Number 90/Puu-XII/2023 concerning Age Requirements for Presidential and Vice Presidential Candidates must be in accordance with the procedures regulated in the constitution as a concept of a legal state (rehstsstat) where there is a division of power. From this concept it can be seen that the decision of the Constitutional Court Number 90/Puu-XII/2023 concerning the Age Requirements for Presidential and Vice Presidential Candidates violates authority because the decision is an open legal policy entrusted by the drafters of the third amendment to the Constitution 1945 to the legislators to "... be further regulated by law based on Article 6 paragraph (2) of the 1945 Constitution of the Republic of Indonesia.