The Petitioner delivering the subject matters of the judicial review petition of Election Law, Wednesday (11/29/2023) in the plenary courtroom. Photo by MKRI/Panji.

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JAKARTA (MKRI) — The Constitutional Court (MK) held the preliminary hearing of the material judicial review of Article 169 letter q of Law No. 7 of 2017 on General Elections (Election Law) as interpreted in Decision No. 90/PUU-XXI/2023 on Wednesday, November 29, 2023. The petition No. 147/PUU-XXI/2023 was filed by Marion, an advocate.

The Petitioner said the article, as interpreted in Decision No. 90/PUU-XXI/2023 is unconstitutional because, the Constitutional Court did not mention a certain age as a requirement for presidential and vice-presidential candidates.

“Article 169 letter q of Law No. 7 of 2017 on General Elections is constitutionally juridically flawed at the time of its formation or formulation,” he said.

However, he said that the minimum age of a presidential/vice-presidential candidate should be thirty years, not forty years. The age limit of thirty years is juridically constitutionally regulated and outlined in two constitutions.

The two constitutions in question are the Constitution of the Republic of the United States of Indonesia (UUD RIS), specifically Article 69 paragraph (3), and the Provisional Constitution of 1950 (UUDS 1950), specifically Article 45 paragraph (5). Although both were declared invalid by the issuance of the Decree of the President of the Republic of Indonesia Ir. Soekarno on the return to the 1945 Constitution on July 5, 1959.

The Petitioner argued that there is a strong legal reasoning and legal sources that can be accounted for in order to cancel the age limit of forty years as the minimum to become a presidential or vice-presidential candidate. It was then replaced with the thirty years.

He argued that the minimum age limit of forty years may result in constitutional loss because every citizen has the right to equal opportunity in government. Then, if an amendment is to be made to Article 169 letter q of the Election Law as interpreted by the Constitutional Court in Decision No. 90/PUU-XXI/2023, the Constitutional Court must make it without interference from authorized people or parties.

Therefore, he requested the Court to declare the formation of Article 169 letter q of the Election Law not having clear legal basis, which violates the constitutional juridical foundation, and thus not legally binding. He also requested the Court to declare Decision No. 90/PUU-XXI/2023 on October 16, 2023 juridically constitutional and final and binding.

Justices’ Advice

The panel hearing was presided over by Deputy Chief Justice Saldi Isra and Constitutional Justices Arief Hidayat and Daniel Yusmic P Foekh. Justice Arief Hidayat admitted that he had difficulty understanding the petition. He advised the Petitioner to simplify his petition if he wishes that the minimum age limit for presidential and vice-presidential candidates be changed from forty to thirty.

“Can it be simpler to get to the point? The basis is to pay attention to the course of history, where it was regulated at thirty in those constitutions, right? Please simplify the petition,” he said.

Meanwhile, Deputy Chief Justice Saldi Isra questioned the Petitioner’s constitutional loss. Being 63 years old, the Petitioner is not bound by the minimum age requirement to become a presidential or vice-presidential candidate as per Article 169 letter q of the Election Law as interpreted by the Constitutional Court in Decision No. 90/PUU-XXI/2023. He said that the Petitioner did not suffer a constitutional loss because he could propose himself as a presidential or vice-presidential candidate, considering that he is over 40 years old.

“What is your constitutional loss, please explain to us,” he said.

The Court granted part of the petition No. 90/PUU-XXI/2023, which challenged Article 169 letter q of Election Law. It interpreted the provision as, “at least 40 (forty) years of age or has occupied/is occupying an office elected through a general election, including the election of heads of regions.” The decision was delivered on Monday, October 16, 2023.

Author       : Mimi Kartika
Editor        : Nur R.
PR            : Andhini S.F.
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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