The Constitutional Court and The Shifting of Legislational Functions: An Analysis of Decision Number 90/PUU-XXI/2023 in The Framework of Political Jurisprudence

Abstract

This study examines the inconsistency of Constitutional Court decisions regarding the age requirement for presidential and vice-presidential candidates, with a particular focus on Decision No. 90/PUU-XXI/2023. The primary issue lies in the fundamental differences in legal reasoning among constitutional judges, despite the similarity in object and substance with a prior ruling, namely Decision No. 29-51-55/PUU-XXI/2023. This situation raises critical questions about the consistency in applying the principles of judicial independence and precedent, as well as the unclear positioning of the Constitutional Court as a negative legislator or its shift toward a positive legislator. Furthermore, concerns over conflicts of interest involving a constitutional judge with personal ties to individuals related to the case have intensified doubts regarding the Court’s independence and impartiality. Such conditions contribute to declining public trust in the Constitutional Court as the guardian of the constitution, which is expected to remain free from external influence. This study aims to analyze the legal reasoning underlying Decision No. 90/PUU-XXI/2023 through the perspective of fiqh siyasah. It employs a normative legal research method, utilizing statutory, conceptual, and case-based approaches. The findings indicate that inconsistencies in judicial reasoning lead to significant legal uncertainty and suggest a shift in the Court’s role toward that of a positive legislator. From the perspective of fiqh siyasah, this condition may undermine the principles of justice and public welfare. Therefore, it is necessary to establish consistent legal reasoning standards grounded in judicial ethics to maintain the integrity and legitimacy of the Constitutional Court in exercising judicial review.