Reconstruction of the Characteristics of the Constitutional Court’s Decision on the Minimum Age of Presidential and Vice-Presidential Candidates in the Republic Of Indonesia’s State Administrative System

Abstract

There was a proposal that the minimum age of Indonesia’s Presidential and Vice-Presidential candidates should be 35 years as opposed to the original 40 years. Decision of the Constitutional Court No. 90/PUU-XXI/2023 on the Minimum Age of Presidential and Vice-Presidential Candidates rejected this proposal and declared that the minimum age is 40 years old with an additional sentence of "having had experience as a head of a region". This paper aims to analyze how Constitutional Court judges reconstruct the characteristics of the Constitutional Court decision in interpreting case No. 90/PUU-XXI/2023 and the considerations of Constitutional Court judges in applying legal regulation principles in deciding upon case No. 90/PUU-XXI/2023. Results found that The Decision of the Constitutional Court No. 90/PUU-XXI/2023 is unconstitutional as it violates the mandate of the 1945 Constitution and Article 169 letter (q) of Law No. 7 of 2017 on the General Election.