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

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.