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VOL. 11, ISSUE 12 (2025)
Analysis of the Constitutional Court Decision No. 90/PUU-XXI/2023 about the age limit requirements for Presidents and Vice Presidents
Authors
Zakiul Fuadi, Fazzan, Anhar Nasution
Abstract
The Constitutional Court Decision Number
90/PUU-XXI/2023, which opens up opportunities for presidential and Vice-Presidential
candidates under the age of 40 if they have served or are currently serving as
regional heads is one of the most controversial decisions in the history of
Indonesian constitutionalism. This study aims to analyze the legal and
political implications of the decision on the democratic system, the principle
of the rule of law, and constitutional justice. In addition, this study
examines the age limit provisions of presidential and Vice-Presidential
candidates in the perspective of the 1945 Constitution, laws and regulations,
and comparative practices of various countries. The methods used are normative
legal research with a legislative approach, a case approach, and a conceptual
approach. The results of the study show that the Constitutional Court Decision
No. 90/PUU-XXI/2023 not only interprets norms, but also substantively adds new
norms, causing a shift in the function of the Constitutional Court from negative
legislators to positive legislators. This condition gives birth to the problem
of legal certainty and opens up the space for unequal political access for
citizens who do not have a background as regional heads. From the point of view
of constitutional justice, the ruling is considered discriminatory because it
only benefits certain groups and has the potential to strengthen the practice
of political dynasties. Comparative analysis with a number of countries shows
that the age limit of heads of state varies, but Indonesia is a country with a
high age limit, which is 40 years old. However, the change in the age limit
should be carried out through legislation products, not through judicial
decisions that are full of interpretation and political interests. This study
concludes that the Constitutional Court Decision No. 90/PUU-XXI/2023 has caused
tension between the principles of constitutionalism, electoral justice, and
judicial independence. Therefore, the reformulation of the age requirements for
presidential and Vice-Presidential candidates needs to be placed within the
framework of electoral law reform that is participatory, transparent, and free
from conflicts of interest, in order to ensure that Indonesian democracy runs
in a fair and constitutional manner.
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Pages:131-138
How to cite this article:
Zakiul Fuadi, Fazzan, Anhar Nasution "Analysis of the Constitutional Court Decision No. 90/PUU-XXI/2023 about the age limit requirements for Presidents and Vice Presidents". International Journal of Law, Vol 11, Issue 12, 2025, Pages 131-138
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