ANALISIS UU NO 24TAHUN 2003TENTANG MAHKHAMAH
KONSTITUSI PASAL 12TENTANG MAHKAMAH KONSTITUSI
DALAM PUTUSAN MAHKAMAH KONSTITUSI (MK) NOMOR 90/PUU-
XXI/2023TENTANG BATAS USIA CAPRES-CAWAPRES
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Institusion
Universitas PGRI Semarang
Author
Sari, Lela Novita
Subject
K Law (General)
Datestamp
2024-07-05 06:33:56
Abstract :
This research discusses the role of the Constitutional Court (Mahkamah Konstitusi, MK) in fulfilling its obligation to realize Good Governance according to Law No. 24 of 2003, particularly Article 12. Based on Article 24C paragraph (1) of the 1945 Constitution which is reaffirmed in Article 10 paragraph (1) letter a to Law Number 24 of 2003 concerning the Constitutional Court (UU MK), the authority of the Constitutional Court is to review laws against the 1945 Constitution; decide disputes over the authority of state institutions whose authority is granted by the 1945 Constitution; decide on the dissolution of political parties; and resolve disputes regarding the results of general elections, including regional head elections. Additionally, this study analyzes Constitutional Court Decision No. 90/PUU-XXI/2023 regarding the age limit for presidential and vice-presidential candidates within the framework of Law No. 24of 2003, Article 12. The research methodology used is normative legal research method, emphasizing an approach to analyzing the applicable legal norms. Before the third amendment to the 1945 Constitution in 2001, Indonesia lacked regulations governing the mechanism for resolving disputes over authority between state institutions. Furthermore, there was no institution empowered to settle such disputes. As a result, there were no precedents in Indonesian constitutional practice regarding the handling of disputes over authority between state institutions during that period. With the establishment of the Constitutional Court following the third amendment to the 1945 Constitution, a mechanism for resolving disputes over authority between state institutions was introduced. The Constitutional Court's authority to adjudicate disputes over authority derived from the constitution is a constitutional mandate aimed at upholding the provisions of the constitution. This includes the authority to review laws against the constitution and to adjudicate disputes over state institution authorities derived from the constitution. By analyzing Constitutional Court Decision No. 90/PUU-XXI/2023 concerning the age limit for presidential and vice-presidential candidates, this research contributes to understanding the role of the Constitutional Court in realizing Good Governance and constitutional principles within the framework of democracy in Indonesia.
This research discusses the role of the Constitutional Court (Mahkamah Konstitusi, MK) in fulfilling its obligation to realize Good Governance according to Law No. 24 of 2003, particularly Article 12. Based on Article 24C paragraph (1) of the 1945 Constitution which is reaffirmed in Article 10 paragraph (1) letter a to Law Number 24 of 2003 concerning the Constitutional Court (UU MK), the authority of the Constitutional Court is to review laws against the 1945 Constitution; decide disputes over the authority of state institutions whose authority is granted by the 1945 Constitution; decide on the dissolution of political parties; and resolve disputes regarding the results of general elections, including regional head elections. Additionally, this study analyzes Constitutional Court Decision No. 90/PUU-XXI/2023 regarding the age limit for presidential and vice-presidential candidates within the framework of Law No. 24of 2003, Article 12. The research methodology used is normative legal research method, emphasizing an approach to analyzing the applicable legal norms. Before the third amendment to the 1945 Constitution in 2001, Indonesia lacked regulations governing the mechanism for resolving disputes over authority between state institutions. Furthermore, there was no institution empowered to settle such disputes. As a result, there were no precedents in Indonesian constitutional practice regarding the handling of disputes over authority between state institutions during that period. With the establishment of the Constitutional Court following the third amendment to the 1945 Constitution, a mechanism for resolving disputes over authority between state institutions was introduced. The Constitutional Court's authority to adjudicate disputes over authority derived from the constitution is a constitutional mandate aimed at upholding the provisions of the constitution. This includes the authority to review laws against the constitution and to adjudicate disputes over state institution authorities derived from the constitution. By analyzing Constitutional Court Decision No. 90/PUU-XXI/2023 concerning the age limit for presidential and vice-presidential candidates, this research contributes to understanding the role of the Constitutional Court in realizing Good Governance and constitutional principles within the framework of democracy in Indonesia.
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