Faisal Sukmana Bima
Faculty of Law, Universitas Islam Jakarta, Indonesia

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A Juridical Analysis of Constitutional Court Decision No. 90/PUU- XXI/2023: Age Requirements for Presidential Candidates and Its Implications for Indonesia’s Electoral System Faisal Sukmana Bima; Nur Aida
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 3 (2026): September
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i3.12838

Abstract

The Constitutional Court Decision Number 90/PUU-XXI/2023 provides a new legal interpretation regarding the age requirements for presidential and vice-presidential candidates as regulated under Article 169 letter q of Law Number 7 of 2017 concerning General Elections. The ruling establishes that presidential and vice-presidential candidates must be at least 40 years of age or currently or previously hold an office elected through general elections, including regional head elections. This study formulates three legal issues: the legal reasoning of the Constitutional Court judges in Decision Number 90/PUU-XXI/2023, the implications of the ruling on the Indonesian electoral system—specifically regarding candidacy requirements for President and Vice President—and the perspective of Islamic law on the decision. This research aims to analyze these three issues juridically and normatively. The methodology employed is normative legal research utilizing a statutory approach, case approach, and conceptual approach. The legal materials comprise primary, secondary, and tertiary legal sources, which were analyzed qualitatively. The findings demonstrate that the judges' considerations in Decision Number 90/PUU-XXI/2023 were grounded in evaluating the right to equal opportunities in governance, the relevance of holding an elected public office, and limits on applying the open legal policy doctrine. The decision impacts candidacy requirements in Indonesia's electoral system by introducing an alternative qualification for candidates under 40 years old who currently or previously hold an office filled through general elections, including regional heads. From an Islamic law perspective, this provision can be examined through core leadership principles emphasizing trustworthiness (amanah), justice ('adalah), capability (kafa'ah), and public interest (maslahah), indicating that age is not the sole determinant of leadership eligibility.