Constitutional Justices Manahan M. P. Sitompul and Enny Nurbaningsih at the judicial review hearing of Law No. 7 of 2017 on General Elections, Thursday (2/24/2022). Photo by Humas MK/Ifa.

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Thursday, February 24, 2022 | 14:16 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) ruled that the judicial review petition of Law No. 7 of 2017 on General Elections by advocate Musa Darwin Pane was inadmissible.

“[The case Court] adjudicated, declares the Petitioner’s petition inadmissible,” said plenary chairman Chief Justice Anwar Usman alongside the other constitutional justices at the ruling hearing for case No. 1/PUU-XX/2022 on Thursday, February 24, 2022.

The Petitioner had only elaborated his constitutional impairment relating to the age limit of a KPU (General Elections Commission) member to be at least 40 years old. However, in the a quo petition, he requested the judicial review of all of Article 21 paragraph (1) letter b of the Election Law, which not only regulates the age limit of KPU RI members, but also for the provincial and regency/city KPU members.

The Court, said Constitutional Justice Manahan M. P. Sitompul who read out its legal considerations, believed the Petitioner had not been able to explain the logical and causal relations between the norm regulating the age limit of the provincial and regency/city KPU members. As such, it did not see any causal relations between the entirety of Article 21 paragraph (1) letter b of the Election Law and the Petitioner’s constitutional impairment.

Also read: Minimum Age Limits for KPU and Bawaslu Members Questioned

In addition, the Petitioner could not elaborate his constitutional impairment relating to Article 117 paragraph (1) letter b of the Election Law. As an Indonesian citizen, he had not suffered any loss directly or indirectly due to the a quo norm. He also did not have any direct or indirect legal interest in said norm.

“Based on the aforementioned considerations, the Court is of the opinion that the Petitioner did not have legal standing to file the a quo petition,” Justice Mahanan declared.

Also read: Advocate Revises Posita in Case on Election Law

The Petitioner believed that Article 21 paragraph (1) letter b and Article 117 paragraph (1) letter b of the Election Law is discriminatory, so it restricted his constitutional right to be acknowledged as an individual before the law [and] as an academic and professional under 40 years to become KPU and Bawaslu member. Meanwhile, the age limit of 35 years for KPU and/or Bawaslu member candidates has been reviewed based on the Constitutional Court Decision No. 102/PUU-XIV/2016 dated March 12, 2017, where the age limit of at least 35 years old for KPU and/or Bawaslu [members] is constitutional. However, the Government, in this case the president and the House/DPR changed it to 40 years in the Election Law.

Writer        : Nano Tresna Arfana
Editor        : Lulu Anjarsari P.
PR            : Fitri Yuliana
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 2/24/2022 18:48 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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