TINJAUAN YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 TERKAIT PERSYARATAN CALON PRESIDEN DAN CALON WAKIL PRESIDEN DIKAITKAN DENGAN ASAS PEMBAGIAN KEKUASAAN

Abstract

The 1945 Constitution (UUD 1945) is one of the sources of Indonesian
law. The age limit is stated in Article 169 letter q of Law Number 7 of 2017
concerning Elections so it is felt to be inappropriate because the Constitutional
Court is a judicial institution or negative legislator, which means it does not
immediately make new rules and add legal norms to Law Number 7 2017
concerning General Elections. The Constitutional Court has no authority to
replace or insert new norms into the content (paragraphs, articles and/or parts)
of laws that have been declared contrary to the 1945 Constitution and therefore
do not have binding legal force.
This type of legal research can be categorized as using a normative type of
legal research. Normative legal research is library legal research. The data
sources used are secondary data consisting of primary legal materials, secondary
legal materials and tertiary legal materials. The data collection technique comes
from the library research method. After the data is collected, conclusions are
drawn
From the results of the research, 2 (two) main things were obtained,
namely first, even though a judicial tip occurred, a criminal act or violation of the
code of ethics committed by a judge, does not make the Constitutional Court's
decision invalid or wrong. Second, in this case the role of the Constitutional
Court is as a judicial institution which has the task of examining laws that are
already in force or that have been passed.
Keyword: Constitutional Court, Ethics, Conflict of Interest