<![CDATA[This study aims to analyze how the concepts of formal and materiil rule of law are reflected in the Constitutional Court (MK) Decision Number 141/PUU-XXI/2023 concerning the age limit requirements for presidential and vice-presidential candidates. The research method used is normative juridical with a qualitative approach, employing conceptual and case study approaches. The results indicate a clear conflict between these two concepts. From the perspective of a formal rule of law, the Court's decision is consistent in upholding the principle of legal certainty by adhering to the final and binding nature of the previous decision (No. 90/PUU-XXI/2023) and the principle of res judicata pro veritate habitur. However, from the perspective of a materiil rule of law, the decision neglects substantive justice by upholding a ruling derived from a process proven to be ethically flawed and fraught with conflicts of interest. This decision reflects the dominance of a legalistic-formalistic approach over the values of justice, potentially eroding public trust in the judicial institution.]]>
Copyrights © 2026
