Jimmy Waldani, Muhammad (2025) Analisis Putusan Mahkamah Konstitusi Terkait Batas Usia Calon Presiden-calon Wakil Presiden Dikaitkan Dengan Asas Nemo Judex In Causa Sua. Masters thesis, Universitas Islam Riau.

Text 231021011.pdf Restricted to Registered users only Download (2MB) | Request a copy

Abstract

The Constitutional Court is a judicial institution established to uphold law and justice within the scope of its authority. Judicial review is the most popular authority of the Constitutional Court, compared to the other four authorities. In its description, Constitutional Court judges must comply with the applicable principles or principles, one of which is the Principle of Nemo Judex in Causa Sua, which is one of the principles of the Constitutional Court's procedural law used in every judicial process in Indonesia because this principle is a resignation from the impartiality (impartiality) of judges as providers of justice. In the Constitutional Court decision Number 90/PUU-XXI/2023, the decision-making process was deemed inconsistent with applying the Principle of Nemo Judex in Causa Sua. The principle of Nemo Judex in Causa Sua states that no individual who becomes a judge can manage, resolve, or decide a case that has a relationship with that individual. The objective of this thesis is to investigate the transgression of the Principle of Nemo Judex in Causa Sua as expressed by the Constitutional Court Judge in the Constitutional Court Decision Number 90/PUU-XXI/2023. The methodology employed in this study consists of two primary approaches: the statutory approach and the literature review. The data collection instruments utilized include primary, secondary, and tertiary legal materials. The procedures for data retrieval or data collection are based on document analysis. The analysis of data is conducted through qualitative methods. The findings of the study indicate that, firstly, There is a violation of the Principle of Nemo Judex In Causa Sua in the determination of the Constitutional Court Decision Number 90/PUU-XXI/2023 concerning the age limit for Presidential and Vice Presidential Candidates by the Constitutional Court. As a Constitutional Court judge, Anwar Usman, who should have realized that the Constitutional Court Decision Number 90/PUU-XXI/2023 will have an impact on himself or his family, as a Constitutional Court judge, he should have resigned in accordance with the Principle of Nemo Judex In Causa Sua which is one of the very important principles in handling the case of the Constitutional Court Decision Number 90/PUU-XXI/2023 so as to ensure that this decision is a fair decision and without any intervention. Secondly, the Constitutional Court Decision Number 90/PUU-XXI/2023 is recognized as final and binding. Despite its finality and immediate applicability, this decision may still be deemed “invalid and devoid of legal effect” due to the fact that it was not publicly announced.

Actions (login required)

View Item