Advocate Rudy Hartono revising petition on the maximum age limit for presidential tickets at the panel hearing of the Election Law, Wednesday (10/4/2023). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another judicial review hearing of Article 169 (q) of Law No. 7 of 2017 on General Elections (Election Law) on Wednesday, October 4, 2023. The case No. 107/PUU-XXI/2023 was filed by Rudy Hartono, an advocate. The Petitioner conveyed the revisions to the petition, which include the Petitioner’s legal standing as an Indonesian citizen who has the right to vote, his constitutional loss, the article being reviewed, and the petitum.

“In the event of constitutional loss, the age of 70 years is an advanced age and, therefore, a head of state [being that age] is considered less effective, which could potentially harm the Petitioner’s constitutional rights,” the Petitioner said Rudy before Constitutional Justices Suhartoyo (panel chair), Daniel Yusmic P. Foekh, and M. Guntur Hamzah.

Also read: Advocate Proposes Presidential Ticket’s Maximum Age 70 Years

The case No.107/PUU-XXI/2023 was filed by Rudy Hartono to challenge Article 169 letter (q) of Law No.7 of 2017 on General Elections. He argues for the urgency of setting the maximum age limit for presidential tickets in the Election Law.

At the preliminary hearing on Thursday, September 21, the Petitioner argued that the absence of a maximum age limit could potentially create discriminatory actions and is contrary to Article 8 paragraph (3), Article 27 paragraph (1), and Article 28D paragraphs (1) and (3) of the 1945 Constitution.

He argues that the maximum age limit for presidential and vice-presidential candidates is important in strengthening the presidential system as set forth in Article 4 paragraph (1) of the 1945 Constitution. The president has a central position in government administration, thus good physical and mental abilities are required. Therefore, setting a maximum age limit must be interpreted as a reflection of the phrase “physically and mentally capable” in order to strengthen the presidential system in the unitary state.

For this reason, the Petitioner requests in his petitum that the Court declare the phrase “at least 40 years old” in Article 169 letter q of the Election Law conditionally constitutional, which means that it must also be interpreted with a provision on the maximum age with the phrase “at most 70 years old” as an integral part of the requirements to become presidential and vice-presidential candidates. 

Author       : Sri Pujianti
Editor        : Nur R.
PR            : Raisa Ayuditha
Translator  : Tahlitha Laela/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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