Demokrasi Inklusif dan Realisme Hukum dalam Kontroversi Batas Usia Capres: Analisis Putusan MK No. 90/PUU-XXI/2023

Abstrak

The Constitutional Court Decision Number 90/PUU-XXI/2023 concerning the age limit for presidential and vice-presidential candidates sparked controversy because it altered the interpretation of Article 169 letter q of the General Election Law ahead of the 2024 Election. The decision maintains the minimum age requirement of 40 years, yet introduces an exception for public officials elected through elections, thereby generating debate over equal political opportunity amid the dominance of young voters. This paper employs the perspectives of inclusive democracy and legal realism to analyze how the Court produced a new norm situated between the ideal of broad participation and the pull of political interests, including a brief comparison with Decision Number 97/2013.