ANALISIS PENGUJIAN USIA CALON PRESIDEN/WAKIL PRESIDEN SESUAI KETENTUAN PASAL 169 HURUF Q UNDANG-UNDANG PEMILIHAN UMUM TERHADAP UNDANG- UNDANG DASAR TAHUN 1945

Abstract

Indonesia is the only country that is given the authority to interpret the constitution through the institution of the Constitutional Court. Generally, constitutional judges interpret the constitution when there is a request for a judicial review of a law against the 1945 Constitution of the Republic of Indonesia (1945 Constitution). The general aim of this research is to increase knowledge and insight regarding the authority of the Constitutional Court regarding legal interpretation relating to norms in the constitution. The research method used by the author in the normative juridical approach is based on significant legal sources and pays attention to theories, concepts, legal principles and regulations related to this research. The results of this research show that the request for an age limit as a condition for nominating President and Vice President is not a constitutional issue, both technically and physically historical. The formation of regulations regarding the age requirements for presidential and vicepresidential candidates is factually within the realm of legislators. Therefore, the issue of the age of the Presidential and Vice Presidential Candidates which is not regulated rigidly in the 1945 Constitution can be considered as open legal policy. Draft open legal policy indicates that legal regulations are not specifically regulated in the constitution, then gives freedom to legislators to make provisions regarding the age limits for presidential and vice-presidential candidates.

Keywords: Constitutional Court, Judicial Review, Legal Interpretation