Kusuma, Salim (2025) Analisis Terhadap Putusan Mahkamah Konstitusi Yang Bersifat Positif Legislator Dalam Putusan Nomor 90/puu-xxi/2023. Other thesis, Universitas Islam Riau.

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Abstract

Indonesia as a country of law places the Constitutional Court (MK) as an institution authorized to test laws against the 1945 Constitution (UUD). MK Decision No. 90/PUU-XXI/2023 has caused debate because it is considered to be positive for legislators, namely not only revoking legal norms but also creating new norms regarding the age requirements for presidential and vice presidential candidates. This raises questions regarding the limits of the MK's authority and its implications for the Indonesian constitutional system. The main problem of the research is how to analyze the considerations of the Constitutional Judge in deciding case No. 90/PUU-XXI/2023 and what are the considerations of the Constitutional Judge in deciding a decision that is positive for legislators in the decision. The research was conducted using a normative legal research method with a juridical-analytical approach. Data were obtained from primary legal materials such as the 1945 Constitution, Law No. 7 of 2017 concerning Elections, and Constitutional Court Decision No. 90/PUU-XXI/2023, and secondary legal materials in the form of academic literature and related journals. The results of the study show that this decision is a real example of positive legislative action, where the Constitutional Court not only abolished norms but also added new norms related to the age requirements for presidential and vice presidential candidates. This creates a legal dilemma because the Constitutional Court, which should act as a negative legislator, actually creates new norms, which should be the authority of the legislature. Therefore, stricter limitations are needed in the authority of the Constitutional Court in order to maintain the balance of the state system and prevent potential overlap with legislative functions. However, the Constitutional Court's actions in the form of positive legislative decisions can be carried out with the following considerations: First, justice and the benefit of society. Second, urgent situations. Third, filling the rechtvakuum to avoid legal chaos in society.

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