Constitutional Justices Suhartoyo, Daniel Yusmic P. Foekh, and M. Guntur Hamzah opening the petition revision hearing of the provisions on age limits of presidential candidates, Tuesday (9/19/2023). Photo by MKRI/Ifa.

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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 (Election Law) on September 19, 2023. At this petition revision hearing, two cases were heard: No. 90/PUU-XXI/2023 by Almas Tsaqibbirru, a law student at the University of Surakarta, and No. 92/PUU-XXI/2023 by prospective advocate Melisa Mylitiachristi Tarandung.

At this second hearing on the provisions relating to the age limit of at least 40 years for presidential and vice-presidential candidates, Dwi Nurdiansyah Santoso as the legal counsel in case No. 90/PUU-XXI/2023 conveyed revisions to the petition: the importance of experience as regional head, the Court’s authority over the case, the petitum, the Petitioners’ legal standing, the Petitioners’ constitutional loss, and data on young regional heads.

“In the petitum, the Petitioners request that the Court declare 169 letter q on Law No. 7 of 2017 on General Elections (Election Law) unconstitutional if interpreted as ‘having experience as a head of region both at provincial or regency/city level,’” said Nurdiansyah online from Universitas Sebelas Maret (UNS) before Constitutional Justices Suharyono (panel chair), Daniel Yusmic P. Foekh, and M. Guntur Hamzah.

Average Education Level

Irwan Gustaf Lalegit, the legal counsel of Petitioner of case No. 92/PUU-XXI/2023 mentioned revisions to the petition, such as the Petitioner’s legal standing and the reason for choosing 25 years as the age limit for presidential and vice-presidential candidates.

“The age of 25 years is relevant with the average level of university education of the public, for either a bachelor degree or a diploma or at a least to become legal practitioners. So [persons of that age] are deemed capable and have sufficient knowledge,” he said.

Also read: Petitioners Deems Age Limit a Hindrance for Youth to Run for President

At the preliminary hearing on Tuesday, September 5, Dwi Nurdiansyah Santoso, the legal counsel of Petitioner of case No. 90/PUU-XXI/2023, said that his client admires young government officials who are successful in building the economy of the regions. Such as Surakarta mayor Gibran Rakabuming who has been successful in growing the economy to 6,25% from -1,74%. The petitioner admitted that there are lot of data shows elected regional heads under the age of 40 in the 2019 Election who have shown good performance. In the petitum, the Petitioner requested that the Court grant the entire petition and declare Article 169 letter q of the Election Law unconstitutional and not legally binding if not interpreted as “At least 40 (forty) years of age or has an experience as a regional head.”

Meanwhile, through Irwan Gustaf Lalegit, the Petitioner of case No. 92/PUU-XXI/2023 said based on Article 3 paragraph (1) letter d of Law No. 18 of 2013, in essence prospective advocates can be appointed as advocates when they have reached 25 years of age. Meanwhile, in the Article 169 letter q of the Election Law, the age limit for presidential and vice-presidential candidates is at least 40 years. The Petitioner has compared a number of statutory laws and regulations on the age limit to occupy several positions, including members of the House of Representatives (DPR) and the Regional Representatives Council (DPD), which is at least 21 years; judge candidates, which is at least 25 years and at most 40 years; candidates of mayor/ deputy mayor/regent/deputy regent and village head, which is 25 years; and prosecutor candidates, which is at least 23 years. With the enactment of these norms, the provisions of the age limit for presidential and vice-presidential candidates have resulted in constitutional harm to the Petitioner because she does not have an equal opportunity in government. Therefore, the Petitioner requested that the Court declare Article 169 of the Election Law along the phrase “at least 40 (forty) years of age” in violation of Article 28D paragraphs (1) and (3) and Article 28I paragraph (2) of the 1945 Constitution and not legally binding if not interpreted as “at least 25 (twenty-five) years of age.”

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Raisa Ayuditha
Translator  : Nyi Mas Laras Nur Inten Kemalasari/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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