Petitioner Marion conveying the petition revisions at a judicial review hearing of the Election Law, Wednesday (12/13/2023). Photo by MKRI/Panji.

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JAKARTA (MKRI) — Marion, an advocate, said that the provision of a minimum age limit of 40 years for presidential and vice-presidential candidates is unconstitutional. He delivered this statement at a material judicial review hearing of Law No. 7 of 2017 on General Elections (Election Law) as interpreted in Decision No. 90/PUU-XXI/2023 on Wednesday, December 13, 2023 in the Constitutional Court (MK).

The Petitioner of case No. 147/PUU-XXI/2023 requested the Court to declare Article 169 letter q of the Election Law as interpreted in Decision No. 90/PUU-XXI/2023 valid based on the Court’s authority. However, he requested the Court to declare the provision of the minimum age limit of 40 years contrary to Article 28D paragraph (3) of the 1945 Constitution and not legally binding.

“The Petitioner requests that the Court declare Article 169 letter q of Law No. 7 of 2017 on General Elections as interpreted by the Court valid based on the Court’s authority, especially along the phrase ‘or has occupied/is occupying an office elected through a general election, including the election of heads of regions’ in Case No. 90/PUU-XXI/2023, but declare the original minimum age limit of 40 years in Article 169 letter q not legally binding and contrary to Article 28D paragraph (3) of the 1945 Constitution,” said the Petitioner reading out his petition.

The petition revision hearing was presided over by Deputy Chief Justice Saldi Isra along with Constitutional Justices Arief Hidayat and Daniel Yusmic P Foekh. Justice Saldi said that this case would be reported to all the nine justices at a justice deliberation meeting (RPH) to decide the continuation of the case.

“Will it be decided after plenary hearings or without, it’s not out authority. Our duty is only reporting that the petition has been revised. The nine constitutional justices will decide,” said Justice Saldi.

Also read: RIS Constitution 1949 & UUDS 1950 Set Age of Presidential Tickets at 30

At the preliminary hearing on Wednesday, November 29, 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 169 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

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 Election Law not having clear legal basis, which violated 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.

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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