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March 1, 2025Jurnal KonstitusiOpen Access

Kritik Terhadap Putusan Mahkamah Konstitusi Nomor 90/PUU-XXI/2023 Menggunakan Pendekatan Hak Dworkin

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TKTiton Slamet Kurnia

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Overview

Legal analysis demonstrates unjustified privilege creation in election eligibility rulings, indicating political motives over established rights jurisprudence.

Key Points

  • To evaluate the legal justification of Indonesian Constitutional Court Decision Number 90/PUU-XXI/2023 regarding election eligibility requirements through Ronald Dworkin's Theory of Rights.
  • Jurisprudential critique analyzing the ratio decidendi of Constitutional Court Decision Number 90/PUU-XXI/2023 amending Article 169 letter q of the Election Law.
  • Theoretical framework application using Ronald Dworkin's rights-based approach, focusing on rights against government and the principle of equal respect and concern.
  • The Constitutional Court failed to ground its decision in pre-existing legal rights, improperly granting unearned privileges to elected regional officials.
  • The ruling created new rights and applied them retroactively, functioning as a political decision packaged within judicial form rather than legitimate legal reasoning.

Cite This Study

Titon Slamet Kurnia (2025) studied this question.

synapsesocial.com/papers/6a100bcc2badbc352aff363dhttps://doi.org/10.31078/jk2217
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