Problem from mk powerful number 90/Puu- Xii/2023 related to article 169 letter Q number 7 Year 2017 about general election (Election Law)

Abstract

Purpose: Constitutional Court (MK) Number 90/PUU-XII/2023 concerning That The age limit for presidential and vice presidential candidates is considered controversial and raises a number of problems. The following are some of the problems that emerged after the Constitution Court Decision: Controversy over the minimum age limit of 40 years for presidential and vice presidential candidates. Although some were granted by the Constitutional Court from That request testing Article 169 letter Q from That Election Law, that is That country officials with experience as DPR members, DPD members, DPRD members, governors, regent And mayor WHO is under 40 many years from age is still qualify to follow in National leadership contest. Research Methodology: as presidential candidate And badness presidential candidate in the general election, but this still causes controversy among the public and legal experts. Inconsistency from That Constitutional Court decision with previously decision. There is several legal experts who considers it Constitutional This court decision the timing does not match the previous decision of the Constitutional Court regarding the same object. Political interest in the decision of the Constitutional Court. Results: There is such a view with the decision of the Constitutional Court this time following That hope from That DPR And That government, So That That Constitutional Court seems to be a political tool so that the DPR and the President immediately make changes to the law and without involving public participation. Impact on the good name of the Constitutional Court and Indonesian law. There is A see That That Constitutional Court decision This time own A had a big impact on the good name of the Constitutional Court and Indonesian law, because the Constitutional Court was deemed to have deviated from its essence which should carry out checks and balances on other powers (executive and legislative). Limitations: Big question mark regarding the decision of the Constitutional Court. There are several notes that need to be criticized in the Constitutional Court decision Number 90/PUU-XII/2023, such as material aspects, procedures, And inconsistency in the That Constitutional Court decision with another about The same object. From a number of from This problem, he Can become conclude That That Constitutional Court Decision Number 90/PUU-XII/2023 has sparked controversy and needs to be studied more deeply to find go out That implications And impact on That democratic And law system in the Indonesia