Journal Analytica Islamica
Vol 14, No 2 (2025): ANALYTICA ISLAMICA

LEGAL DISCOVERY REGARDING AGE LIMIT REQUIREMENTS FOR PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES IN GENERAL ELECTIONS (A Study of Decision Number 90/PUU-XXI/2023)

Siregar, Salman (Universitas Muhammadiyah Sumatera Utara)
Eddy, Triono (Universitas Muhammadiyah Sumatera Utara)
Koto, Ismail (Universitas Muhammadiyah Sumatera Utara)



Article Info

Publish Date
10 Oct 2025

Abstract

This study examines the legal aspects of the Constitutional Court (MK) Decision No. 90/PUU-XXI/2023, focusing on legal discovery, the age limit for presidential and vice-presidential candidates, and the legal consequences of the ruling. The research employs a normative juridical approach with a descriptive-analytical method, using statutory and case approaches and secondary data sources, including primary, secondary, and tertiary legal materials. The findings indicate that the MK ruling introduces new norms, positioning the Court as a positive legislature, with a ne ultra petita decision consistent with judicial authority principles. The minimum age limit of 40 years for candidates remains reasonable compared to global leadership trends (20–50 years). The principles of intergenerational and equality justice, as mandated by Pancasila’s fifth principle, have been implemented since the 2024 election by allowing experienced young public officials to participate. The MK decision is final and binding, and must be accommodated by Parliament in forming or amending legislation, reaffirming the MK’s role as the guardian and ultimate interpreter of the constitution

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Journal Info

Abbrev

analytica

Publisher

Subject

Religion Education

Description

Journal Analytica Islamica: Journal of Islamic Sciences is a journal that includes the study of Islamic Thought, Islamic law, the Quran, the Hadis, Islamic Education, Islamic Economics and Islamic ...