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Submitted
May 3, 2025
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June 27, 2025
Published
June 30, 2025
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Abstract

Supreme Court Decision Number 23 P/HUM/2024 and Constitutional Court Decision Number 70/PUU-XXII/2024 are two decisions related to the age requirements for regional head candidates which were initially followed up by the House of Representatives and ultimately the House of Representatives chose to follow Constitutional Court Decision Number 70/PUU XXII/2024. The purpose of this research is to find out how the authority of the Supreme Court and the Constitutional Court in testing laws and regulations related to the Regional Elections and what is the position of the Supreme Court Decision Number 23 P/HUM/2024 after the Constitutional Court Decision Number 70/PUU-XXII/2024. This research method is a normative legal research using a statutory approach and a conceptual approach. The results of the study show that the authority of the Supreme Court and the Constitutional Court in testing statutory regulations related to regional head elections has different scopes of authority. The Supreme Court has limited authority to test statutory regulations under the law against the law, one of which is the General Election Commission Regulation as a derivative regulation of the Regional Head Election Law and does not have the authority to test the Regional Head Election Law, while the Constitutional Court has the authority to test laws against the 1945 Constitution of the Republic of Indonesia,  one of which is in testing the Regional Head Election Law. Meanwhile, Supreme Court Decision Number 23 P/HUM/2024 regarding the testing of age requirements for regional head candidates has a lower position when it is used as a basis for the formation of laws and regulations and when used as jurisprudence. Therefore, as a practical contribution, the Supreme Court and the Supreme Court should strengthen their understanding of the limits of authority possessed in testing laws and regulations. Although the authority of the Supreme Court and the Constitutional Court is different, coordination between these two institutions is still necessary to create consistency in the application of the law. Therefore, there needs to be a more intensive dialogue between these institutions related to intersecting issues, such as testing laws and regulations related to the Regional Elections.

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Supreme Court Constitutional Court Decision

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Copyright (c) 2025 Oktafiani Zendrato, Ardilafiza

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Oktafiani Zendrato, & Ardilafiza. (2025). Position Of The Supreme Court Decision Number 23 P/HUM/2024 After The Constitutional Court Decision Number 70/PUU-XXII/2024 . Supremasi Hukum : Jurnal Penelitian Hukum, 34(1), 40–65. https://doi.org/10.33369/jsh.34.1.40-65
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References

  1. Aan Afandi, Beni Ahmad Saebani and Nas Nasrudin, 2024, "Siyasah Qadhaiyyah Review of the Constitutional Court Decision Number 90/PUU-XXI/2023 Regarding Additional Provisions for Experience in Serving Regional Heads and Minimum Age Requirements for Presidential Candidates and Vice Presidential Candidates", Unes Law Review Journal, Volume 7, Number 1, 2024.
  2. Abdul Rasyid Thalib, 2006, The Authority of the Constitutional Court and Its Implications in the Constitutional System of the Republic of Indonesia, Jakarta: Citra Aditya Bakti.
  3. Ady Thea DA, "Expert: Supreme Court Decision on the Age Requirement of Regional Heads Is Very Unreasonable", downloaded on September 20, 2024 from https://www.hukumonline.com/berita/a/pakar--putusan-ma-soal-syarat-usia-kepala-daerah-sangat-tidak-wajar-lt6661addbdd0ab/
  4. Ala R. Brewer-Carrias, 2004, Judicial Review in Comperation Law, quoted from Irfan Fachrudin, Administrative Supervision of Government Actions, Bandung: Alumni.
  5. Aliefya Dini Azzahra Soebagiyo and Khalid, 2025, "Analysis of Supreme Court Decision No. 23 P/Hum/2024 on the Age Limit of Regional Head Candidates from the Perspective of Siyasah Qadhaiyah, Lex Generalis Law Journal, Volume 6, Number 2.
  6. Ardilafiza (et al), (2019), Constitutional Law Teaching Materials, Bengkulu: Faculty of Law, University of Bengkulu.
  7. Bachtiar, (2019), Problems of Implementation of Constitutional Court Decisions in Testing the Law on the Constitution, Jakarta: Achieving Hope of Success.
  8. Erizka Permatasari, 2024. The Difference Between Judicial Review and the Right to Material Test, downloaded on September 18, 2024 from https://www.hukumonline.com/klinik/a/bedanya-ijudicial-review-i-dengan-hak-uji-materiil-cl4257/
  9. Fitriyah, 2012, Theory and Practice of General Elections in Indonesia, Yogyakarta: Deepublish.
  10. Fitri Novia Heriani, 2024, "Ignoring the Constitutional Court's Decision Regarding the Age Limit, the House of Representatives and the President Are Considered to Violate the Constitution", downloaded on September 21, 2024 from https://www.hukumonline.com/berita/a/abaikan-putusan-mk-terkait-batas-usia--dpr-dan-presiden-dinilai-langgar-konstitusi-lt66c6644f46160/
  11. Farkhani, 2019, "Indirect Election of Regional Heads in the Perspective of Election Activists and Implementers", Journal of Imiah Hukum, Volume 5, Number 2.
  12. Fakhry Amin, (et al), 2023, Legal Science, Banten: Sada Kurnia Pustaka.
  13. Inna Junaenah, 2016, "Constitutional Interpretation of Regulatory Testing Under the Law. Constitutional Journal", Volume 13, Number 3.
  14. Irwansyah, 2020, Legal Research: Choice of Methods & Practices for Article Writing (Revised Edition), Yogyakarta: Mirra Buana Media.
  15. Irwansyah Satria Bambang Gempita, 2025, "Analysis of the Supreme Court's Decision No.23 P/HUM/2024 on PKPU No. 9 of 2020 concerning the Minimum Age Requirements for Regional Head Candidates in the Perspective of Fiqh Siyasah", Reslaj Journal, Volume 7, Number 2.
  16. Jimly Asshiddiqie, 2006, Procedural Law of Testing Law, Jakarta: Constitution Press.
  17. Lahmuddin Zuhri, Hanuring Ayu, and Ardani Atta, 2024, "Candidate Requirements for Regions in the 2024 Regional Elections, Pulling Back Supreme Court Decision with Constitutional Court Decision", Journal of Research and Development of Central Java Province, Volume 22, Number 2.
  18. Machmud Aziz, 2010, "Testing Laws and Regulations in the Indonesian Laws and Regulations System", Constitutional Journal, Volume 7, Number 5.
  19. Maria Farida Indrati S., 2020, Legal Science, Yogyakarta: Kanisius.
  20. Moh. Mahfud MD, 2012, Constitution and Law in Controversy Issues, Jakarta: PT. Raja Grafindo Persada.
  21. ________________, 2012, Building Legal Politics, Enforcing the Constitution, Depok: PT. King Grafindo.
  22. ________________, 2012, Legal Politics in Indonesia, Jakarta: PT. Raja Grafindo Persada.
  23. Muhammad Ishar Helmi, 2019, "One-Stop Settlement of Judicial Review Cases in the Constitutional Court," Sar-i Journal of Social and Cultural Studies, Volume 6, Number 1.
  24. Muhammad Safaat Gunawan and Nurul Mujahidah, 2024, "The Dynamics of Regional Head Elections: Looking at the Decision of the Supreme Court, the Constitutional Court and the Regulations of the KPU RI", Journal of Islamic and Community Sciences, Volume 6, Number 2.
  25. Mulkanasir, 2021, "Revealing Leadership in an Islamic Perspective, Journal of Da'wah Management, Volume 9, Number 2, 2021.
  26. Nasrullah Nawawi (et al), 2021, Testing Laws and Regulations in Indonesia: A Review from Various Perspectives, Banyumas: Amerta Media.
  27. Nety Hermawaty, Ananda Ganda Pratama, Nabila D.N and Tulus P., 2021."The Position of Judicial Review as Legal Development in Indonesia," Journal of Constitutional Law, Volume 1, Number 1.
  28. Nicholas Ryan Aditya and Ardito Ramadhan. 2024. Not Meeting the Quorum, the Plenary Meeting of the Regional Election Law was only attended by 89 people, downloaded on September 19, 2024 from https://nasional.kompas.com/read/2024/08/22/10524261/tak-penuhi-kuorum-rapat-paripurna-uu-pilkada-hanya-dihadiri-89-orang
  29. General Election Commission Regulation Number 9 of 2020 concerning the Fourth Amendment to PKPU Number 3 of 2017 concerning Candidacy for the Election of Governor and Deputy Governor, Regent and Deputy Regent, and/or Mayor and Deputy Mayor.
  30. Supreme Court Decision Number 23 P/HUM/2024.
  31. Constitutional Court Decision Number 70/PUU-XXII/2024.
  32. Rosjidi Ranggawidjaja and Indra Perwira, 1996, The Development of the Right to Examine Materials in Indonesia, Cits Bhaktı Akademika, Bandung.
  33. Safi'i, 2021, History and Position of Judicial Review Arrangements in Indonesia: Historical and Political Studies, Surabaya: Scopindo.
  34. Saldi Isra, (et al), 2010, The Development of Legislative Testing in the Constitutional Court (From Textual Legal Thinking to Progressive Law), MKRI in collaboration with the Center for Constitutional Studies, Faculty of Law of Andalas University, Padang.
  35. Sri Soemantri, 1986, The Right to Test Material in Indonesia, Bandung: Alumni.
  36. Suparto, 2021, "Problems of Testing Laws and Regulations in the Supreme Court (Study of Supreme Court Decision No. 65 P/HUM/2018)," SASI Journal, Volume 27, Number 1.
  37. Constitution of the Republic of Indonesia in 1945.
  38. Law Number 48 of 2009 concerning Judicial Power.
  39. Law Number 3 of 2009 concerning the Second Amendment to Law Number 14 of 1985 concerning the Supreme Court.
  40. Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning the Stipulation of Perpu Number 1 of 2014 concerning the Election of Governors, Regents, and Mayors into Law.
  41. Law Number 7 of 2020 concerning the Third Amendment to Law Number 24 of 2003 concerning the Constitutional Court.
  42. Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Establishment of Laws and Regulations.
  43. Wanda Putri Dzakia Mangara Maidlando Gultom, Ryan Adhitya, Rijali Mahmud Dwi Satria, 2024. "Juridical Analysis Related to the Determination of Age Requirements for Regional Head Candidates and Deputy Regional Head Candidates: A Case Study of the Supreme Court Decision Number 23P/HUM/2024", Jurnal de Jure, Volume 16, Number 2.
  44. Yodika Sputra, "The Right to Examine Material Explanations in the Law", Article, Surabaya: Faculty of Law, University of August 17, 1945 Surabaya.