Recht finding of the Constitutional Court In the perspective of the rule of law and democracy (Study of the Decision of the Constitutional Court of the Republic of Indonesia, Number: 90/PUU-XXI/2023)

Abstract

Purpose: As a state of law, the demand to produce quality laws in Indonesia is very necessary and must not contradict the Constitution (1945 Constitution). All regulations formed must be subject to the 1945 Constitution. The formation of laws and regulations under it often contradicts the constitution and is challenged in the Constitutional Court. One of them is a lawsuit against Law Number 7 of 2017 concerning Special General Elections article 169 letter q which later issued decision Number: 90 / PUU-XXI / 2023. This paper aims to describe the act of legal discovery through Constitutional Court rulings as a pillar of the State of Law and Democracy. Method: The method used in this writing is normative legal research which is basically doctrinal or theoretical legal research, with the approach method used, namely (1) statutory approach, (2) case approach, (3) historical approach, and (4) conceptual approach. Results: The results of the study concluded that the Constitutional Court was right in its decision to amend Article 169 letter q of Law Number 7 of 2017 concerning General Elections, in order to uphold the concept of the rule of law and democracy in Indonesia. Limitations: The limitation of this research is only on the aspect of legal discovery authority by the Constitutional Court. Contribution: For this reason, this writing may contribute to strengthening the authority of the Constitutional Court in the future along with the times.