Deputy Chief Justice Saldi Isra chairing the petition revision hearing of the material judicial review of Law No. 7 of 2017 on Election, Tuesday (9/26/2023). Photo by MKRI.
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 Tuesday, September 26, 2023. The case No. 100/PUU-XXI/2023 was filed by Hite Badenggan Lumbantoruan and Marson Lumbanbatu. The on-site hearing was presided over by Deputy Chief Justice Saldi Isra along with Constitutional Justices Arief Hidayat and Manahan M.P. Sitompul.
The hearing agenda was to examine the revised petition but the Petitioners withdrew the petition. This was revealed when the Deputy Chief Justice Saldi Isra asked the Petitioners for confirmation.
“The agenda for today is revisions to the petition. However, we received information that the Petitioners have withdrawn the petition. Can you tell us the reason?” he asked.
In response, the Petitioners verified the withdrawal. “The first reason, we received the justices’ advice at the preliminary hearing,” said Lumbantoruan.
“Then, because the argument is not yet perfect?” Justice Saldi responded.
“Because our argumentation is still weak,” said Lumbanbatu.
Deputy Chief Justice Saldi said the withdrawal would be discussed at a justice deliberation meeting (RPH). “At least the three of us [constitutional justices] were able to have confirmation that the Petitioners withdrew the petition,” he said.
Also read: Petitioners Request Presidential Tickets Be at Least 30 Years Old
The provision on the age limit for presidential and vice-presidential candidates in Article 169 letter q of Law No. 7 of 2017 on General Elections (Election Law) was challenged once again in the Constitutional Court (MK). At the preliminary hearing on Wednesday, September 13, Hite Badenggan Lumbantoruan and Marson Lumbanbatu conveyed their petition for case No. 100/PUU-XXI/2023.
Article 169 letter q of the Election Law reads, “Requirements that must be fulfilled by a Presidential and Vice-Presidential candidate are as follows: at least 40 (forty) years of age.”
The Petitioners stated that they were legal subjects who had legal capacity (aged 30 and 38 years respectively) and the right to elect president and vice-presidential candidates. “Factually, the Petitioners’ legal right to run as vice president candidates cannot be exercised because Law No. 7 of 2017 has discriminatorily restricted their right because a vice-presidential candidate must be at least 40 years old,” Lumbanbatu explained.
To run as regional head candidates, one must be at least 30 years old. This requirement applied to Lampung governor M. Ridho Ficardo (34 years old), Medan mayor Boby Nasution (32 years old), Trenggalek regent Emil Dardak (32 years old), and Solo mayor Gibran Rakabuming (35 years old).
Therefore, the Petitioners believed it reasonable to argue that Article 169 letter q of the Election Law was inconsistent on the nomination of regional heads, as it allows candidates under 40 years old to run.
For this reason, in their petitum, the Petitioners asked the Court to declare the phrase “at least 40 years old” in Article 169 letter q of the Election Law contrary to the 1945 Constitution and does not have binding legal force as long as it is not interpreted as “at least 30 years old”.
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Author : Utami Argawati
Editor : Nur R.
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.
Tuesday, September 26, 2023 | 14:23 WIB 86