Reconstruction of the Characteristics of the Constitutional Court’s Decision on the Minimum Age of Presidential and Vice-Presidential Candidates in the Republic Of Indonesia’s State Administrative System

Muhammad Fauzan (Universitas Jenderal Soedirman)
Dewi Iriani (Institut Agama Islam Negeri Ponorogo)
Arief Budiono (Universitas Muhammadiyah Surakarta)
Mahesa Rannie (Universitas Sriwijaya)
Elsa Sintya Marvinda (Institut Agama Islam Negeri Ponorogo)

Jurnal Dinamika Hukum
Vol 24 No 3 (2024)

There was a proposal that the minimum age of Indonesia’s Presidential and Vice-Presidential candidates should be 35 years as opposed to the original 40 years. Decision of the Constitutional Court No. 90/PUU-XXI/2023 on the Minimum Age of Presidential and Vice-Presidential Candidates rejected this proposal and declared that the minimum age is 40 years old with an additional sentence of "having had experience as a head of a region". This paper aims to analyze how Constitutional Court judges reconstruct the characteristics of the Constitutional Court decision in interpreting case No. 90/PUU-XXI/2023 and the considerations of Constitutional Court judges in applying legal regulation principles in deciding upon case No. 90/PUU-XXI/2023. Results found that The Decision of the Constitutional Court No. 90/PUU-XXI/2023 is unconstitutional as it violates the mandate of the 1945 Constitution and Article 169 letter (q) of Law No. 7 of 2017 on the General Election.