Analysis of MK Decision No 90/PUU-XXI/2023 (Progressive Legal Perspective)

Mohamad Ali Akbar Djafar; Anisa Jihan Tumiwa

Mohamad Ali Akbar Djafar Institut Agama Islam Negeri Manado
Anisa Jihan Tumiwa Gadjah Mada University

Keywords: Progressive Legal Perspective, Constitutional Court, MK Decision No 90/PUU-XXI/2023

Abstract

This research aims to analyze Constitutional Court Decision No. 90/XXI/2023, where this rule becomes a polemic towards the democratic party in 2024. The research method uses normative research (laboratory research) or library research related to statutory regulations and also uses Progressive Law perspective initiated by Prof. Satjipto Raharjo. The results of the research obtained are that the Constitutional Court's decision is a new step to provide space for regional heads (Governor, Mayor/Regent) who do not comply with the procedures required by the president and vice president as stated in Article 169 of the Election Law no. 7 of 2017. The addition of points for Regional Heads (Governor, Mayor/Regent) when reviewed using a Progressive Law perspective to become President and Vice President is not only a matter of age and political party support but we can also review other aspects such as regional heads. There is something in Indonesia that has the potential to change the land system in accordance with the expectations of the Indonesian people.