Deputy Chief Justice Saldi Isra chairing the petition revision hearing on the age requirement for presidential tickets, Monday (12/18/2023). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held the petition revision hearing of the judicial review of the age requirement for presidential tickets on Monday, December 18, 2023 in the plenary courtroom. This petition was filed by five advocates and legal consultants.

At the petition revision hearing for case No. 148/PUU-XXI/2023, legal counsel Sigit Nugroho Sudibyanto said the Petitioners had observed the Constitutional Court Decision No. 141/PUU-XXI/2023 carefully and followed the justices’ advice at the panel preliminary hearing on Monday, December 4 to revise the petition.

Also read: Justices Say Petition on Presidential Ticket’s Age Limit Has Been Decided

The petition was filed by four Surakarta residents—Fatikhatus Sakinah, Gunadi Rachmad Widodo, Hery Dwi Utomo, Ratno Agustio Hoetomo—and Sukoharjo resident Zaenal Mustofa. The advocates and legal consultants challenge the constitutionality of Article 169 letter q of Law No. 7 of 2017 on General Elections (Election Law). Based on Decision No. 90/PUU-XXI/2023, the Court interpreted said article as, “Requirements that must be fulfilled by a Presidential and Vice-Presidential candidate are as follows: q. 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.”

At the preliminary hearing, legal counsel Sigit Nugroho Sudibyanto explained that the phrase “elected through a general election, including the election of heads of regions” is against the principle of fair legal certainty as set forth in Article 28D paragraph (1) juncto Article 27 paragraph (1) juncto Article 28D paragraph (3) and Article 1 paragraph (3) of the 1945 Constitution, as long as it is not interpreted as “elected through an election of heads of regions at the provincial level.” The Petitioners believe it has harmed them potentially which according to logical reasoning can potentially happen because of the interpretation of the elected office.

“The article raises questions that indeed there are no objective indicators in determining whether someone has been declared mature and experienced, but according to logical reasoning a governor with a population and complex problems is more mature and experienced than a regent/mayor who is running for president or vice president,” Sigit said through video conference at Universitas Sebelas Maret of Surakarta before Deputy Chief Justice Saldi Isra and Constitutional Justices Enny Nurbaningsih and Wahiduddin Adams.

The Petitioners believe the different interpretations have created legal uncertainty in terms of the legitimacy of the Constitutional Court’s ruling on the phrase. Simply put, through this petition, the Petitioners want only governors who are not yet 40 years old to be able to run for president or vice president.

With those arguments, the Petitioners request that the Court declare the phrase “elected through a general election, including the election of heads of regions” in Article 169 letter q of the Election Law as interpreted in Decision No. 90/PUU-XXI/2023 unconstitutional if not interpreted as “elected through an election of heads of regions at the provincial level.” In the petitum, the Petitioners request the article be interpreted in full as “Requirements that must be fulfilled by a Presidential and Vice-Presidential candidate are as follows: q. 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 at the provincial level.”

Author       : Fauzan F.
Editor        : Nur R.
PR            : Raisa Ayuditha Marsaulina
Translator  : 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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