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All Journal Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Syaibani Ihza Ibrahim
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences

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ANALISIS LEGAL STANDING PEMOHON DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 Syaibani Ihza Ibrahim
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 6 No. 2 (2024)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v6i2.135

Abstract

Testing of laws or judicial review at the Constitutional Court requires legal standing or legal position. Legal standing in the Constitutional Court Decision 90 caused problems because the applicant did not fulfill the requirements required to have legal standing in reviewing the law at the Constitutional Court. The method used is the normative juridical method, namely research that examines statutory regulations, principles, norms, scholarly doctrines, and decisions that have permanent legal force. The approaches used are the statutory approach and the case approach. The result is that the applicant in Decision 90 does not fulfill the required requirements because the applicant is not directly affected and/or causally affected by the enactment of Law Number 7 of 2017. Constitutional Court Decision No. 006/PUU-III/2006, namely the existence of constitutional rights granted by the 1945 Constitution, the applicant's constitutional rights are considered by the applicant to be disadvantaged by the law being reviewed, the loss is specific and actual, there is a cause and effect (causal verband), and there is a possibility By granting the request, constitutional losses will not or will not occur again.
Legal Reasoning Hakim Mahkamah Konstitusi dalam Putusan Mahkamah Konstitusi Nomor 62/PUU-XXII/2024 Syaibani Ihza Ibrahim
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 3 (2025): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v7i3.9097

Abstract

Constitutional Court Decision Number 62/PUU-XXII/2024 is a decision concerning the presidential and vice presidential nomination threshold. The existence of this decision is a breath of fresh air for political parties, where, in the absence of a presidential threshold, every political party can nominate a presidential and vice presidential candidate pair. However, it should be noted that judges in deciding the case do not immediately decide easily. There is something called legal reasoning that needs to be considered, because legal reasoning is a search for a basis or legal argument by a judge in dealing with the case. The research method used is the normative legal research method. By using the case approach method and the conceptual approach method. The results of the study show that legal reasoning is a method of finding a basis for legal argumentation or psychological processes of a judge in dealing with the case he is facing. The judges of the court, in deciding the Constitutional Court Decision Number 62/PUU-XXII/2024, used several interpretation methods to create legal reasoning. The methods used are the teleological interpretation method, the comparative interpretation method, the historical or original intent interpretation method, and the textual interpretation method.
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