A Comparison Of The Inconsistency Of The Constitutional Court's Decision On The Lowest Age Limit For Presidential And Vice-Presidential Candidacy Based On Law Number 7 Of 2017 Concerning General Elections (Juridical Analysis Of The Constitutional Court's

Abstract

At the beginning of the 21st century, there was a phenomenon in the world where courts became increasingly important in dealing with various issues of morality, public policy and political controversy. Through the judicial review process, the court plays a role as the main tool in resolving complex problems involving various aspects, such as individual rights and public policies such as the criminal justice system, trade, education, immigration and the environment. Indonesia, as a democratic and constitutional country, prioritises the principle of the rule of law based on the 1945 Constitution. This research highlights the Constitutional Court Decision No. 90/PUU-XXI/2023 concerning Age Limits for Presidential and Vice Presidential Candidates. Using a normative juridical approach, this research aims to explore the authority of the Constitutional Court in accordance with the state's legal basis. The author believes that this decision should be the authority of the legislature, not the jurisdiction of the Constitutional Court. This research also emphasises the importance of maintaining the independence and sovereignty of judicial institutions to prevent abuse of power and protect individual freedoms. The Constitutional Court is expected to maintain the balance of power and protect the rights of citizens. However, this decision is controversial because of the role of the Constitutional Court in the political context, and this research highlights that the Constitutional Court's authority should be limited to testing constitutionality. In conclusion, this research emphasises the importance of separation of powers and maintaining the independence of the judiciary to prevent abuse of power by the executive and legislature. Maintaining a balance between democratic principles and the power of state institutions in using and interpreting positive law is the focus of this research.