MENAKAR KADAR KONSTITUSIONALITAS KEWENANGAN MAHKAMAH KONSTITUSI DALAM MENENTUKAN BATAS USIA CAPRES CAWAPRES PADA PEMILU 2024 DI INDONESIA

Abstract

This research aims to measure the level of constitutionality of the authority of the Constitutional Court (MK) in determining the age limit for Presidential candidates (capres) and Vice Presidential candidates (cawapres) in the 2024 general election contestation in Indonesia which has been widely discussed recently. The research method used is Normative Juridical legal research using a statutory approach, a case approach and a conceptual approach, especially those related to Constitutional Court Decision Number 90/UU-XXI/2023 regarding the age limit for presidential and vice-presidential candidates. This research concludes that there is an inconsistency in the level of constitutionality of the Constitutional Court's decision, which includes: First, from the material aspect, the Constitutional Court actually complied with the wishes of the DPR and the government. Because, in decision 90/PUU-XXI/2023, the Constitutional Court has abandoned the title of judicial power which carries out the function of checks and balances. Second, the Constitutional Court has been inconsistent. The reason is, the constitutional judges who granted the applicant's request drastically changed their views. The judges previously firmly rejected the applicant's request on the grounds that the review was not a constitutional issue, but rather an open legal policy. However, in Constitutional Court Decision No.90/PUU-XXI/2023, which substantially questioned the same article, instead partially granted the applicant's request and provided additional new norms. Thus, the level of constitutionality of the Constitutional Court's authority in deciding on the review of the Election Law appears to be very inconsistent.