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All Journal Jurnal Hukum Lex Generalis
Dini, Aliefya
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Law, Crime, Criminology & Criminal Justice

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Analisis Putusan MA. No 23P/HUM/2024 terhadap Batas Usia Calon Kepala Daerah Perspektif Siyasah Qadhaiyah Dini, Aliefya; khalid, khalid
Jurnal Hukum Lex Generalis Vol 6 No 2 (2025): Tema Hukum Islam
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i2.1056

Abstract

The Supreme Court Decision No. 23P/HUM/2024 which revoked the minimum age limit provisions for regional head candidates in the General Election Commission Regulation(PKPU) has various legal and political consequences.This study aims to analyze the implications of the decision from a legal perspective and fiqh siyasah, a discipline in Islam that discusses the principles of governance and leadership. Using normative research methods, this study examines the principles of constitutional law and the concept of leadership in Islam related to the criteria for the age of leaders. The results of the study show that from a positive legal perspective, the MA decision is based on the principles of legality and hierarchy of laws and regulations. However, from a fiqh siyasah perspective, the age of leadership is not only determined by formal aspects but also by the intellectual and moral maturity of a leader. Therefore, revisions to the age limit policy need to consider the balance between legal certainty and public interest.
Co-Authors Khalid