Ardilafiza, Ardilafiza
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Inconsistency of the Constitutional Court Regarding the Minimum Age Requirement for Presidential and Vice-Presidential Candidates: Inkonsistensi Mahkamah Konstitusi Terkait Syarat Minimal Usia Calon Presiden dan Wakil Presiden Situmeang, Selvi Christina; Ardilafiza, Ardilafiza; Dinata, Ari Wirya
Jurnal Konstitusi Vol. 21 No. 4 (2024)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2145

Abstract

This paper discusses several Constitutional Court decisions concerning the minimum age requirements for presidential and vice-presidential candidates that were issued on the same day. In Constitutional Court Decisions Number 29/PUU-XXI/2023, Number 51/PUU-XXI/2023, and Number 55/PUUXXI/ 2023, the Court consistently rejected all petitions. However, later in the afternoon, through Constitutional Court Decision Number 90/PUU-XXI/2023, the Court changed its stance and partially granted the request. This paper aims to analyze the differences among these decisions and the Constitutional Court’s inconsistency when addressing decisions that substantially challenge the same article. This research employs a normative legal approach using primary, secondary, and tertiary legal materials. The findings of this study indicate discrepancies between the decisions, procedural irregularities, and drastic shifts in the judges’ perspectives. These factors have resulted in the Constitutional Court’s inconsistency in ruling on the issue of the minimum age requirements for the President and Vice President.
Implications Of Filling The Position Of Attorney General By The President On The Independence Of The Prosecutor's Office In Carrying Out The Functions Of Judicial Power Satoto, Sukamto; Ardilafiza, Ardilafiza; Musriza, Riky
Ipso Jure Vol. 1 No. 6 (2024): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/1e2sf581

Abstract

This research aims to find out and understand the influence of the current mechanism for filling the position of Attorney General on the independence of the Prosecutor's Office in carrying out law enforcement functions. The research results show that The implementation of the mechanism for filling the position of Attorney General who is appointed and dismissed by the President has two consequences. Firstly, it opens up opportunities for intervention in the law enforcement function by the President, carried out with various motives and interests, thus affecting the independence of the law enforcement function of the Prosecutor's Office. The two positions of Attorney General were then held from non-Prosecutor professions and even held by political party cadres which influenced the impartiality and professionalism of the implementation of law enforcement functions by the Prosecutor's Office