Heads of Regions Revise Petition on Age Requirement for Presidential Tickets

The petition revision hearing of the judicial review of the Election Law for case No. 55/PUU-XXI/2023, Tuesday (6/13/2023). Photo by Humas MK/Bayu.

JAKARTA (MKRI) — The Constitutional Court (MK) held another judicial review hearing of Article 169 letter q of Law No. 7 of 2017 on General Elections on Tuesday, June 13, 2023. The second hearing for case No. 55/PUU-XXI/2023 had been scheduled to hear the revisions to the petition by Erman Safar (deputy mayor of Bukittinggi for 2021-2024), Pandu Kesuma Dewangsa (South Lampung vice regent for 2021-2026), Emil Elestianto Dardak (East Java vice governor for 2019-2024), Ahmad Muhdlor (Sidoarjo regent for 2021-2026), and Muhammad Albarraa (Mojokerto vice regent for 2021-2026).

Before Constitutional Justices Wahiduddin Adams (panel chair), Arief Hidayat, and Manahan M. P. Sitompul, legal counsel M. Maulana Bunggaran conveyed the revisions to the petition, such as the Court’s authority over the case, the Petitioners’ legal standing, and their constitutional impairment based on Article 51 paragraph (1) of the Constitutional Court Law, and the reasons for the petition.

“By law, the requirement of a minimum age of 40 years must be declared unconstitutional and insofar as it is not interpreted to mean at least 40 years of age or having experience as a state administrator, as the Petitioners do. A state administrator is a public official who exercises state power with duties and functions to administer the state following existing legislation. Given such burden of the president, it is reasonable that one should have experience in administering the state as a requirement,” Bunggaran said on site at the panel courtroom.

Also read: Young Heads of Regions Challenge Requirements for Vice-Presidential Candidates

The young petitioners challenge the constitutionality of the age requirement for presidential ticket candidates in Article 169 letter q of the Election Law, which reads, “Requirements that must be fulfilled by a Presidential and Vice-Presidential candidate are as follows: q. at least 40 (forty) years of age.

At the preliminary hearing on Wednesday, May 31, legal counsel Munathsir Mustaman explained the Petitioners had lost their constitutional right to run for vice president, which is guaranteed and protected by Article 6 paragraph (1) of the 1945 Constitution. They have experience as state administrators and are currently regional heads, so they argue that they have legal standing to file the petition against the a quo Law.

“Experience as state administrators should be an exception to the requirement of vice-presidential candidate’s age limit. As long as one has experience as a state administrator, even if they are under 40 years old, they should be equated to passing the minimal age limit as required,” Mustaman said.

Based on those reasons, the Petitioners requested in the petitum that the Court declare the phrase “at least 40 (forty) years of age” in 169 letter q of the Election Law unconstitutional and not legally binding conditionally if not interpreted to mean “at least 40 (forty) years of age or have experience as a state administrator.”

Author       : Sri Pujianti
Editor        : Nur R.
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.

Tuesday, June 13, 2023 | 16:16 WIB 175