Juridical Analysis of Additional Experience Requirements and Age Conditions in the Nomination of President and Vice President (Analysis of Constitutional Court Decision Number 90/PUU - XXI/2023)
Authors/Creators
- 1. Master of Law, Faculty of Law, UPN "Veteran" Jakarta, Indonesia
Description
The Constitutional Court is one of the actors of judicial power that has different regulations from other judicial actors. In Case Number 90/PUU-XXI/2023, it not only deviates from the considerations and the ruling but also reverses the ruling 180 degrees from rejecting to granting, albeit with the addition of the term "partially," thus becoming "partially granting." The problem formulation obtained is how the map of legal opinions (Dissenting Opinion) in the Constitutional Court Decision Number 90/PUU-XXI/2023 regarding the composition of age requirements and experience serving as regional heads and whether the Constitutional Court Decision Number 90/PUU-XXI/2023 can be retried after it is proven that there has been a serious ethical violation committed by the Chief Justice of the Constitutional Court who also decided the case. This legal research uses an empirical normative method that primarily focuses on how society uses positive legal rules to respond to various legal events that occur. In the Constitutional Court Decision Number 90/PUU-XXI/2023, the decision-making composition not only represents the independence of the Constitutional Judges but also represents other matters that can be concluded both explicitly and implicitly in the considerations of the Dissenting Opinion of the Constitutional Judges. From the provisions regulating the decisions of the Constitutional Court, it is stated that any ethical violations or criminal acts committed by the judges of the Constitutional Court only affect the judges themselves.