Justice, Expediency, and Legal Certainty In Constitutional Court Decision Number 90/PUU-XXI/2023

Abstract

Ideally, every decision made by judges, including Constitutional Judges,
should pay attention to the impact that will be caused considering that the

decision is final. The Constitutional Court Decision Number 90/PUU-
XXI/2023 concerning the Examination of Law Number 7 of 2017

concerning General Elections regarding the age threshold for president
and vice president candidates have give some experience for the election
in Indonesia. In previous decisions with the same object, namely Decision
Number 29/PUU-XXI/2023, Decision umber 51/PUU-XXI/2023, and
Decision Number 55/PUU-XXI/2023, the Constitutional Court is of the
view that the age threshold for president and vice president candidates is
a matter of open legal policy that became the authority from House of
Representatives and the President. However, in Decision Number
90/PUU-XXI/2023, the Constitutional Court changed the decision with the
general election process was underway by allowing under the age of 40
(fourty) with a record of having or currently occupying positions elected
through general elections including regional head elections. In the end, the
polemic situation have get a attention by public for the justice, expediency,

and legal certainty of the Constitutional Court Decision Number 90/PUU-
XXI/2023 considering that this decision will be directly applied in the 2024

general election. This is different if the Constitutional Court declares
Constitutional Court Decision Number 90/PUU-XXI/2023 to apply to the
2029 general election.