ANALISIS DEKONSTRUKSI PUTUSAN MK NOMOR 191/PUU-XXIII/2025 DALAM PERSPEKTIF JUSTICE AS FAIRNESS JOHN RAWLS

A DECONSTRUCTIVE ANALYSIS OF CONSTITUTIONAL COURT DECISION NO. 191/PUU XXIII/2025 FROM THE PERSPECTIVE OF JOHN RAWLS’ CONCEPT OF JUSTICE AS FAIRNESS

Authors

  • Rizki Mubarok

Keywords:

Constitutional Court Decision, DPR Pension, John Rawls, Distributive Justice

Abstract

This research examines the implications of Constitutional Court Decision No. 191/PUU-XXIII/2025 regarding lifelong pensions for DPR members through John Rawls' Justice as Fairness. The primary issue is the regulatory anomaly in Law 12/1980, which is incompatible with the post-amendment constitutional structure. Using normative legal research with statutory, case, and conceptual approaches, this study dissects the Court's ratio decidendi. Findings reveal a legal deconstruction of Law 12/1980 due to nomenclature incompatibility and norm antinomies. In the author's analysis, the decision aligns with the Difference Principle and the Veil of Ignorance to correct distributive inequality in officials' administrative rights. The novelty lies in its conceptual contribution to reformulating financial rights based on fiscal accountability for the least advantaged groups. The Court serves as a policy director to ensure proportional legal reform.

Published

2026-04-29