Fernandes, Henlie (2025) Analisis Yuridis Putusan Mahkamah Konstitusi Nomor 90/puu-xxi/2023 Terkait Batas Usia Calon Presiden Dan Wakil Presiden Dalam Perspektif Ketatanegaraan. Masters thesis, Universitas Islam Riau.

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Abstract

The authority of the Constitutional Court in Judicial Review, which ostensibly functions as a negative legislator, is often exceeded by decisions that regulate and introduce new norms. In practice, there are several decisions where the Constitutional Court, in playing its role as a negative legislator, makes decisions that have the character of positive legislation. Among the many decisions of the Constitutional Court that regulate, one of the interesting decisions to be studied and explored is Decision Number 90/PUU-XXI/2023. The main issue to be discussed in this research is the authority of the Constitutional Court in Creating New Legal Norms Through the Review of Legislation and the Consideration of Constitutional Court Judges in Expanding their Authority in Constitutional Court Decision Number 90/PUU-XXI/2023 regarding the Age Limit of Presidential and Vice Presidential Candidates. This research aims to find out the results of the problem formulation made by the researcher. This legal research is of the normative legal research type. Normative legal research also uses secondary data sources, with an emphasis on theoretical and qualitative analysis, which can also be called library research or document study. The results of the research obtained by the author are: The authority of the Constitutional Court in creating new legal norms through its decisions is a manifestation of this institution's active role in the dynamics of national law. Constitutional Court decisions that add or modify existing legal norms indicate that this institution is not only reactive but also proactive in addressing constitutional issues. The Constitutional Court's actions can be seen as a proactive measure in safeguarding the quality of democracy and the state. Although these actions may elicit various reactions from the public and politicians, it is important to view them as efforts to ensure that the nation's leaders have adequate qualifications to face increasingly complex global and domestic challenges. Setting stricter age limits can help reduce the risk of unprepared or inexperienced leaders being elected, which ultimately could harm the people and the country.

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