ANALISIS PERTIMBANGAN HAKIM MAHKAMAH KONSTITUSI TERHADAP PUTUSAN USIA CALON PRESIDEN DAN CALON WAKIL PRESIDEN DI INDONESIA

Bellawati, Feonitya Adika (2024) ANALISIS PERTIMBANGAN HAKIM MAHKAMAH KONSTITUSI TERHADAP PUTUSAN USIA CALON PRESIDEN DAN CALON WAKIL PRESIDEN DI INDONESIA. Skripsi (S1) thesis, Universitas Muhammadiyah Ponorogo.

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Abstract

The main problems for the thesis by analyzing a case decision issued by the Constitutional Court have two problem formulations. First, what needs to be questioned is the basis for the Constitutional Court approving petition Number 90/PUU-XXI/2023. Second, the impact of the ruling from the Constitutional Court Judge's decision on petition Number 90/PUU-XXI/2023 in future general elections. The purpose of this research is to find out the basis for the Constitutional Court Judge granting petition Number 90/PUU-XXI and to find out what impact the ruling from the Constitutional Court Judge's decision on this petition will have in future general elections. The research methods used include normative research analysis research. This analysis was carried out by analyzing the Court's decision on the petition decision 90/PUU-XXI/2023 and the impact of the decision giving rise to the code of ethics decision 2/MKMK/L/11/2023, so that the author also analyzed the impact caused. In addition, this research uses sources from the law, books related to the topic, journals, related legal theories, expert opinions and reporters of the code of ethics decisions. The results of the research produce the first analysis, the legal basis for the request for decision 90/PUU-XXI/2023 is to grant the addition of the phrase job experience requirements in the age limit requirements so that the younger generation can run as presidential and vice presidential candidates. This gives rise to the discovery of new laws which are the authority of the law makers as an open legal policy. Before enacting decision 90/PUU-XXI/2023 there were requests Numbers 29, 51, 55/PUU-XXI/2023 which essentially asked for changes to the age limit and experience requirements. However, the three cases included in the open legal policy show that there is legal uncertainty regarding the Constitutional Court. The opinions of the judges were published in the Dissenting Opinion and Concurring Opinion with 3 judges granting the request, 2 judges granting it but having different opinions, and 4 judges rejecting the request. There is a conflict of interest by the Chief Justice of the Constitutional Court, Anwar Usman, as the uncle of Gibran Rakabuming Raka, who is his idol and is openly supported in the petitum of applicant 90/PUU-XXI/2023. Second, the impact of Judge Anwar Usman's demotion because he violated the judge's code of ethics and behavior. The replacement of Judge Suhartoyo as Chief Judge resulted in a lawsuit filed by Anwar at the State Administrative Court which could backfire on himself because it could result in sanctions for violating the judge's code of ethics and behavior a second time.

Item Type:	Thesis (Skripsi (S1))
Uncontrolled Keywords:	Mahkamah Konstitusi, Pertimbangan Hakim, Usia, Presiden, Wakil Presiden, Constitutional Court, Code of Ethics, Judges' Considerations, Constitutional Court Decisions, Age Limits, Presidential Candidates, Vice Presidential Candidates
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Laws
Depositing User:	fh . userfh
Date Deposited:	12 Jul 2024 04:06
Last Modified:	12 Jul 2024 06:35
URI:	http://eprints.umpo.ac.id/id/eprint/13990

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