Persoalan Etis Putusan Mahkamah Konstitusi Mengenai Batas Usia Calon Presiden Terhadap Masa Depan Politik Indonesia

Abstract

This research aims to identify and examine the attitude of Constitutional Court judges in taking legal considerations in the Constitutional Court decision Number 90/PUU-XXI/2023 and analyze the impact of this decision on Indonesia's national life in the future. The type of research in writing this article is normative or doctrinal and is analytical descriptive. The results of this research show that in the Constitutional Court Decision Number 90/PUU-XXI/2023 the Constitutional Court changed its stance regarding the judicial review of Article 169 letter (q) of Law No. 7 of 2017 concerning the age limit for becoming a presidential & vice presidential candidate which was granted. Compared with previous MK decisions regarding the same review, the Constitutional Court always does not grant requests regarding this matter. This decision indicates a regression of Indonesian democracy. The Constitutional Court, which has a check & balance function, has instead become a political tool to strengthen executive power with its popularity.