Legal Analysis of the Age Limits for Presidential and Vice Presidential Candidates in Indonesia

Farah Fidela; Hasrinda Rizqi Pramassari; Rayna Putri Juliasari; Yohana Sandi Wijayanti; Saiva Wulandari; Cheren Azizah Zain; Kuswan Hadji

Farah Fidela Tidar University, Magelang
Hasrinda Rizqi Pramassari Tidar University, Magelang
Rayna Putri Juliasari Tidar University, Magelang
Yohana Sandi Wijayanti Tidar University, Magelang
Saiva Wulandari Tidar University, Magelang
Cheren Azizah Zain Tidar University, Magelang
Kuswan Hadji Tidar University, Magelang

Keywords: Age Limits, Presidential Candidates, Constitutional Court, Decisions

Abstract

The decision of the Constitutional Court (MK) regarding the age limit for presidential and vice presidential candidates submitted by Surakarta University student Almas Tsaqibbirru in Case Number 90/PUU-XXI/2023 has sparked debate. This legal analysis aims to examine the material aspects, inconsistencies and procedures in the Constitutional Court's decision. The research method chosen is juridical-normative, with a focus on the analysis of legal regulations and related concepts. The research results show that the Constitutional Court appears to follow the wishes of the DPR and the government in its decisions, raising questions about the role of the Constitutional Court as an institution of checks and balances. Apart from that, there are inconsistencies in the previous Constitutional Court decisions, as well as lack of clarity in the constitutionality testing procedures. The conclusion of this research is that the Constitutional Court must ensure independence and consistency in carrying out its role as guardian of the constitution.