The retirement age for the Registrar, Junior Registrar and Registrar Substitute in the Constitutional Court is 62 years old. As stated by the Constitutional Court Decision on Case No.. 34/PUU-X/2012, read Tuesday (25/9) at the Plenary Court.

"To grant the petition of the applicant in full," said Chief Justice the Constitutional Court, Moh. Mahfud MD, Chairman of the Constitutional Court Plenum in reading the verdict.

In its decision, the Court stated, Article 7A subsection (1) of Law no. 8 Year 2011 on the amendment of Law no. 24 of 2003 on the Constitutional Court (MK Act) which reads, "Registrar referred to in Article 7 is a functional technical administrative duties of justice of the Constitutional Court" to have binding legal force along with the phrase "retirement age of 62 years to the Registrar, Registrar Young and Registrar Substitute ".

Court reveals, Article 7A subsection (1) of the Constitutional Court did not specify the age limit of retirement Clerk, Junior Clerk, and Clerk Substitute the existing environment of the Court, as well as in the law of judicial power other actors. In fact, in Article 24C (6) of the 1945 Constitution stated, "The appointment and dismissal of constitutional justices, legal proceedings and other provisions of the Constitutional Court shall be regulated by law".

"That lack of determination of the retirement age for Clerk, Junior Clerk, and Clerk Substitute the Constitutional Court Law 8/2011 is a treatment that does not equate the position of the person or officer in front of the law and government, as specified in Article 27 paragraph (1) of the 1945 Constitution and against with the principle of legal certainty fair as specified in Article 28D paragraph (1) of the 1945 Constitution," said the Court in the decision of 45 pages thick.

According to the Court, the terms of the retirement age for officials at the secretariat of the Constitutional Court shall be adjusted to the retirement age secretariat officials in the public courts, religious courts, and administrative courts.

"Considering that based on rational considerations should the retirement age Registrar of the Constitutional Court with the retirement age of the Supreme Court Registrar? However, since the current Act determines that the Registrar of the Supreme Court judges came from high retirement age limit is 67 years which in itself is the retirement age is the Registrar of the Supreme Court in accordance with the 67-year age limit as high court judges. Therefore, to determine the age of the Registrar of the Constitutional Court, the Court needs to set the retirement age that are fair to the Registrar of the Constitutional Court, which is 62 years in accordance with the retirement age for the Registrar who is not a career as a judge. Going forward, the legislators need to establish the same requirements for candidates for Clerk of the Supreme Court and the Constitutional Court, "said the Court.

Court also emphasized, although the application is proven and justified by law, but in accordance with the provisions of Article 47 of Law on the Constitutional Court, this ruling applies since completed pronounced. In addition, related legal standing, the Court found the Petitioners have legal standing, unless the applicant I. As for the petitioners in this case are, respectively Andi M. Asrun, M. Jodi Santoso, Nurul Anifah, and Zainal Arifin Hoesein. (Dodi / mh/Yazid.tr)