Study Of The Decision Of The Constitutional Court No. 90/PUU- XXI/2023 In The Examination Of Law No. 7 Of 2017 Concerning General Elections
Keywords:
Constitutional Court, Authority, Testing of lawsAbstract
The Constitutional Court is a judicial institution that has constitutional authority in interpreting the 1945 Constitution of the Republic of Indonesia and giving legally binding decisions. Through this authority, the Constitutional Court has an important role in maintaining the supremacy of the constitution and upholding the principle of the rule of law. This study aims to examine the extent of the Constitutional Court's authority in adding new norms through the testing of the Law on the 1945 Constitution of the Republic of Indonesia and analyze the implications of the Constitutional Court Decision Number 90/PUU-XXI/2023 on Law Number 7 of 2017 concerning General Elections. This research uses a normative juridical approach by examining relevant laws and regulations and decisions of the Constitutional Court. The results of the study show that the Constitutional Court has a wide interpretive space in interpreting constitutional norms, but the addition of new norms must remain within the corridor of the principle of constitutionality and not exceed its authority as a negative legislator. This ruling has significant implications for the electoral system in Indonesia, especially related to the establishment of new norms in the constitutional legal process.
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