POSITIVE LEGISLATURE DALAM PUTUSAN MAHKAMAH KONSTITUSI TENTANG USIA PENCALONAN PRESIDEN DAN WAKIL PRESIDEN (STUDI KASUS PUTUSAN NO.90/PUU-XXI/2023)

The Constitutional Court has the authority to review laws as stated in the 1945 Constitution of the Republic of Indonesia. Currently, what is becoming controversial in academia and in society is the shift in the authority of the Constitutional Court from negative for legislators to positive for legislators, especially with Decision Number 90/PUU-XXI/2023 regarding changes to the age requirements for nominations for President and Vice President. he decision taken by the Constitutional Court ahead of the registration deadline gave rise to pros and cons among the public, so the controversy caused by Decision Number 90/PUU-XXI/2023 needs to be analyzed again regarding the authority of the Constitutional Court. This research raises two problem formulations, namely: first, what is the legal impact of the Constitutional Court decision Number 90/PUU-XXI/2023 which is positive for legislators; and second, what are the legal considerations of the Constitutional Court in Decision Number 90/PUU-XXI/2023 concerning changes to the registration requirements for the President and Vice President. This research uses normative juridical methods with a concentration on decision analysis. This research explains that the Constitutional Court can be a positive legislator based on several consideration conditions, namely: first, justice and expediency factors; second, urgent situations; third, filling legal gaps; and fourth, realigning the order of social life.
Keywords: Constitutional Court, Authority, Positive Legislature