Analysis of the Constitutional Court's Authority to Change the Age Requirements for Presidential Candidates and Vice Presidential Candidates in the Constitutional Court's Decision Number 90/PUU-XXI/2023

Darma, Burmansyahtia

NEGREI: Academic Journal of Law and Governance
Vol. 4 No. 2 (2024)

This study analyzes the authority of the Constitutional Court in changing the age requirements for presidential and vice presidential candidates through Decision Number 90/PUU-XXI/2023. The main focus of this research is qualitative research, with a literature study approach which examines a theory or decision to examine the legal basis and authority of the Constitutional Court in conducting a judicial review of the age requirements for presidential and vice presidential candidates in article 169 letter q of Law Number 7 of 2017 concerning General Elections against the 1945 Constitution. The research method used is normative juridical with a legislative and analytical approach. The results of the study show that the Constitutional Court's decision violates the principle of separation of powers and judicial activism.