The constitutional justices entering the courtroom at the judicial review hearing of Law No. 7 of 2017 on General Elections to examine the revisions to the petition, Monday (6/5/2023). Photo by Humas MK/Ilham W. M.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another judicial review hearing on the requirements for the president and vice-presidential candidates’ age limit in Article 169 letter q of Law No. 7 of 2017 on General Elections. The Change Movement Party of Indonesia (Garuda Party), represented by its central executive board chairman Ahmad Ridha Sabana and secretary-general Yohanna Murtika.

At this second hearing to examine the petition revisions, legal counsels Desmihardi and M. Malik Ibrohim took turns conveyed the revisions following the justices’ advice at the previous hearing, which included the affirmation and addition of backgrounds to the petition relating to comparison to presidents of other states who took office at under 40 years of age. M. Malik Ibrohim revealed that Gabriel Boric, born in 1987, became president of Chile. In the US, which often government systems refer to, he added, the Constitution stipulates that public officials be at least 35 years old.

He also said the reason for the Petitioner’s request that experience as a state administrator be a reason that the presidential ticket age limit be set at under 40 years of age. State officials are part of state administration and they are not only limited to echelon officials in government, so the scope can be quite vast since the position of state administrators does not discriminate, is universal, and reflects justice.

“Therefore, the requirement of experience as a state administrator for presidential and vice-presidential candidates is important. The limit of 40 years of age does not guarantee one’s maturity of thought and action. In fact, the main requirement is rather experience as a state administrator,” Malik said before Deputy Chief Justice Saldi Isra and Constitutional Justices Wahiduddin Adams and Suhartoyo.

Also read: Garuda Party Challenges Provisions on Presidential Candidates’ Age Limit

At the preliminary hearing, the Garuda Party revealed its intention as a participant in the 2024 election  to recruit regional head candidates under 40 years old to become vice-presidential candidates. Many of these young leaders have potential and experience in government. Similarly, many members of parliament serving in 2019-2024 are under 40 years old, such as 23-year-old Brigitta Lasut from Gerindra, 25-year-old Andrian Jopie Paruntu from Golkar.

In other countries, the Party added, there have been presidents and vice presidents under 40 years old, such as 35-year-old Chile president Gabriel Boric and 38-year-old Chad president Mahamat Deby. In the U.S. Constitution, the presidential candidate should be at least 35 years old.

Therefore, the Petitioner could potentially be harmed by the enactment of Article 169 letter q of the Election Law, which set the requirements for vice-presidential candidates. Since there are many under-40 prospective candidates who can advance the nation and state and have experience in government, the article is in violation of Article 28D paragraphs (1) and (3) and Article 28I paragraph (2) of the 1945 Constitution.

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Raisa Ayuditha
Translator  : Yuniar Widiastuti (NL)

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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