The Ruling hearing on the withdrawal of a material judicial review petition of Law No. 7 of 2017 on General Elections, Monday (10/2/2023). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) issued the Decree No. 100/PUU-XXI/2023 on the judicial review of Article 169 letter q of Law No. 7 of 2017 on General Elections (Election Law). The ruling hearing took place on Monday, October 2, 2023 in the plenary courtroom, with Chief Justice Anwar Usman and the other eight constitutional justices presiding.

“[The Court] grants the petition withdrawal,” read Chief Justice Anwar.

He said that the petition by Hite Badenggan and Marson Lumbanbatu was received by the Court’s Registrar Office on August 7 based on petition deed No.91/PUU/PAN.MK/AP3/08/2023 dated August 21 and was recorded in the electronic constitutional case registration book (e-BRPK) as case No.100/PUU-XX1/2023 on the judicial review of Law No. 7 of 2017 on General Election against the 1945 Constitution.

The Court held the preliminary hearing on September 13 and advised the Petitioners based on Article 39 of the Constitutional Court Law and provided an opportunity for them to revise the petition.

“On Tuesday, September 26, 2023, the Court held the preliminary examination hearing to hear the petition revision. However, before the hearing, the Petitioners submitted a letter to withdraw the petition on September 25, 2023. Then, the justice panel asked about the withdrawal of the petition and the Petitioners confirmed it,” he stressed.

He added that Article 35 paragraph (1) of the Constitutional Court Law states, “The petitioner may withdraw his/her petition before or during the examination thereof by the Constitutional Court,” and Article 35 paragraph (2) states, “Withdrawal of a petition as referred to in paragraph (1) means that the petition may not be filed again.”

Based on those provisions, at the justice deliberation meeting (RPH) on September 26 at 14:00 WIB, the Court concluded that the withdrawal of the petition for case No.100/PUU-XXI/2023 was legally reasonable and the Petitioners cannot re-file the a quo petition. Based on this legal consideration, the Court ordered the Registrar’s Office to register the petition withdrawal in the e-BRPK and return the copy of the petition file to the Petitioners.

Also read:

Petitioners Request Presidential Tickets Be at Least 30 Years Old

Petitioners Withdraw Petition on Age Limit of Presidential Tickets

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.”

Also read:

PSI Requests Presidential Tickets Be at Least 35 Years Old

Garuda Party Challenges Provisions on Presidential Candidates’ Age Limit

Garuda Party Requests Youth and Experience Be Made Presidential Candidate Requirements

Young Heads of Regions Challenge Requirements for Vice-Presidential Candidates

House Leaves Presidential Ticket Requirements to Constitutional Court

Perludem, Gerindra’s Differing Views on Age Requirement for Presidential Tickets

Bivitri Susanti: Age Limit for Presidential Tickets Not a Constitutional Issue

Citizens Propose Age Limits for Presidential Tickets

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.

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