INKONSISTENSI PUTUSAN MAHKAMAH KONSTITUSI SEBAGAI NEGATIF LEGISLATOR (STUDY KASUS PUTUSAN MAHKAMAH KONSTITUSI NO.90/PUU-XXI/2023)

The Negative Nature of Constitutional Court Legislators is an effort to uphold the supremacy of the constitution in Indonesia and in it there is respect for the system of power sharing of state institutions. However, along the way, the Constitutional Court has not issued a few decisions that are Positive Legislators or act as mini- parliaments, one of which is in decision Number 90/PUU-XXI/2023, so there is a need for an analysis of the Constitutional Court in the framework of Negative Legislators. This research raises two problem formulations, namely: first, what is the position of the Constitutional Court as a Negative Legislator in the Indonesian constitutional system; and second, what are the legal considerations of the Constitutional Court judges in decision Number 90/PUU-XXI/2023 in their position as Negative Legislators. This study uses a normative juridical research method with a focus on the analysis of verdicts as a touchstone. This study shows that the Constitutional Court needs to apply its limitations so that it does not exceed its authority in the framework as a Negative Legislator and the Constitutional Court judges in decision Number 90/PUU-XXI/2023 seem to sort and choose arguments so that they are inconsistent with previous decisions in testing the same norms.
Keywords: Constitutional Court, Legislator Negative, Legislator Positivity