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All Journal Indonesian Journal of Law and Policy Studies
Endang Mulyadin
Universitas Muhammadiyah Tangerang
Law, Crime, Criminology & Criminal Justice Social Sciences

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The Constitutional Implications of Constitutional Court Decision No. 90/PUU-XXI/2023 on National Democratic Stability Jibril Makarim; Ahmad Ahmad; Muhammad Rizqi Ramadhan; Agis Syadina Putra; Endang Mulyadin
Indonesian Journal of Law and Policy Studies Vol. 6 No. 1 (2025): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v6i1.15890

Abstract

The decision of the Constitutional Court No. 90/PUU-XXI/2023 on the age requirement for presidential and vice-presidential candidates has generated significant controversy in constitutional law, particularly regarding democratic stability. The ruling modified the statutory minimum age of 40 by allowing individuals who have held or currently hold elected public office to run, even if they are below that threshold. The judicial review was filed by Almas Tsaqibbirru Re A to support Gibran Rakabuming Raka in the 2024 election. This study adopts a normative juridical approach with a descriptive-qualitative method based on literature review. The findings reveal substantial weaknesses in the petitioner’s legal standing, as no direct constitutional harm was demonstrated. Nevertheless, the Court partially granted the petition and went beyond its original claims, effectively creating a new norm. In doing so, the Court shifted from its role as a negative legislator to a positive legislator, raising concerns over the separation of powers. The ruling carries broad constitutional and political implications, simultaneously enabling leadership regeneration while inviting suspicions of political interests. Internal divisions among the justices further reflect a lack of strong consensus. Criticism intensified after the Constitutional Court Honorary Council confirmed ethical violations in the decision-making process.
Licensing Disputes in The State Administrative Court System Regita Dwi Azzahra; Ahmad Ahmad; Putri Aulya Maharani; Syahrul Ardiyansyah Hamid; Siti Athira Hasya; Revalina Keyza; Wahyu Tenggar A Ruby Razzaq Sulaiman; Muhammad Rifadli Rabunah; Rizky Sapta Ramadan Ependi; Endang Mulyadin
Indonesian Journal of Law and Policy Studies Vol. 5 No. 1 (2024): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v5i1.15965

Abstract

Licensing is an administrative instrument used by the government to regulate public activities that may generate social, economic, and environmental impacts. In practice, however, the issuance of permits frequently results in disputes due to procedural defects, abuse of authority, and violations of general principles of good governance. This study aims to analyze the characteristics of licensing disputes, the legal framework governing judicial review, and the effectiveness of the Administrative Court in providing legal protection to citizens. The research applies a normative juridical method using statutory and conceptual approaches through the examination of administrative law doctrine and court decisions. The findings indicate that most licensing disputes originate from weak administrative verification, improper use of discretion, and non-compliance with the principles of legality and legal certainty. The Administrative Court functions as a supervisory mechanism by reviewing the legality of administrative decisions and restoring the rights of affected parties. Nevertheless, its effectiveness remains limited due to technical evidentiary difficulties and weak enforcement of judicial decisions by administrative authorities. Therefore, strengthening administrative oversight mechanisms and ensuring execution of court judgments are necessary to establish accountable governance
Co-Authors Agis Syadina Putra Ahmad Ahmad Jibril Makarim Muhammad Rifadli Rabunah Muhammad Rizqi Ramadhan Putri Aulya Maharani Regita Dwi Azzahra Revalina Keyza Rizky Sapta Ramadan Ependi Siti Athira Hasya Syahrul Ardiyansyah Hamid Wahyu Tenggar A Ruby Razzaq Sulaiman