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Legal Review of The Judge’s Dissenting Opinion Regarding the Age Limit for Presidential Candidates and Vice-Presidential Candidates in Constitutional Court Decision Number 90/Puu-XXI/2023 Safe’i, Abdulah; Pahlevi Dalimunthe, Reza; Dinul Faqih, Moch.; Nisa Syafithri, Firda
Zona Law And Public Administration Indonesia Vol. 1 No. 5 (2024): MARET 2024
Publisher : Yayasan Mentari Madani

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Abstract

The Constitutional Court has handed down a decision regarding the age limit for presidential and vice presidential candidates on October 16, 2023, namely decision Number 90/PUU/XII/2023. This decision will take effect in 2024 and has permanent legal force so that its implementation will have an impact on all Indonesian citizens, including Gibran Rakabuming Raka, who are under 40 years old and can nominate as presidential/vice presidential candidates. This gave rise to pros and cons among academics and society because the chairman of the Constitutional Court at that time was Anwar Usman, who is the family of Gibran Rakabuming Raka. However, in the Constitutional Court's decision there were differences of opinion or dissenting opinions among the judges handling the case. This research aims to find out how the judge's dissenting opinion occurred in the decision and what the legal consequences of the decision will be after it has permanent legal force if it contains formal defects or violations of the judge's code of ethics because it contains an element of interest. The method used in this research is normative juridical using a case approach and a statutory approach. The results of this research are that dissenting opinions can be an alternative correction for errors in court decision making. The majority vote of judges is considered fair if the decision is clear, but this does not necessarily mean that the decision is completely correct. The legal consequences of the decision of the Constitutional Court Number 90/PUU-XXI/2023 remain final and have permanent legal force, even though the process that occurs during the trial process in a case at the Constitutional Court, whether there are defects or violations of the code of ethics, does not affect the decision that has been determined because it is absolute or inkrah. And the violation of the judge's code of ethics in the Constitutional Court Decision Number: 90/PUU-XXI/2023 concerning the age limit for presidential and vice-presidential candidates does not affect the validity of the decision, which means the decision is final, must continue to be implemented in accordance with existing provisions
The Dynamics of the Implementation of the 2024 Election on the Implementation of the 2019-2024 Legislative Function in Building the Harmonization of Indonesian Law Ansori, Moh Reza; Nisa Syafithri, Firda; Dinul Faqih, Moch
Zona Law And Public Administration Indonesia Vol. 2 No. 3 (2024): MEI 2024
Publisher : Yayasan Mentari Madani

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Abstract

Legal harmonization is the process of harmonizing various laws and regulations to avoid norm conflicts and ensure consistency in the national legal system. Legislation in the 2024 election year will be in a very worrying state. The DPR and the government as institutions tasked with discussing bills will experience many obstacles. Legislation neglect will become a disease of the DPR and the government every year. This research is to find out the dynamics of the 2024 elections affecting the implementation of the legislative function by the DPR for the 2019-2024 period as well as the influence of the 2024 elections on the implementation of the 2019-2024 legislative function in building harmonization of Indonesian law and the obstacles faced by the DPR for the 2019-2024 period in carrying out the legislative function during preparing and holding the 2024 elections. This research uses a normative juridical method with a case approach. The results of the research can be concluded that the dynamics of organizing the 2024 elections affect the implementation of the legislative function by the DPR for the 2019-2024 period, including experiencing many obstacles because the legislative experience so far shows that there is often a lack of legislation in the formation of laws and regulations. In the orderly formation of laws and regulations, the DPR only reaches the planning stage. Meanwhile, a bill must not only be planned, but also drafted, discussed, passed, and promulgated. The fate of legislation in the 2024 election year will be in a very worrying state. The DPR and the government as institutions tasked with discussing the bill will experience many obstacles. The influence of the 2024 Election on the implementation of the 2019-2024 legislative function in building harmonization of Indonesian law is the disharmony between the laws and regulations formed and the laws and regulations that have been in force before can cause uncertainty in the implementation of the law