Chief Justice Suhartoyo delivering a decree on the withdrawal of a petition on Law No. 7 of 2017 on Election, Tuesday (1/16/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) handed down a decree on the withdrawal of petition No. 146/PUU-XXI/2023 on the 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 at a ruling hearing on Tuesday, January 16, 2024.

“[The Court] grants the withdrawal of the Petitioners’ petition,” said Chief Justice Suhartoyo delivering Decree No. 146/PUU-XXI/2023.

The Court received the petition on October 30, 2023 from Heri Purwanto and Bambang Barata Aji, who gave power attorney to Mursid Mudiantoro and advocates and legal consultants at Mursyid, Santoso & Partners law office. It issued Decree No. 146/PUU/TAP.MK/Panel/11/2023 on the formation of a justice panel to examine the case, dated November 20, 2023.

On November 29, the Court held a preliminary hearing to advise the Petitioners and gave them opportunity to revise the petition. Then, on December 13, it held a petition revision hearing, which the Petitioners did not attend despite being summoned.

Subsequently, the Court received an email from the Petitioners dated December 13 on the petition’s withdrawal. Article 35 paragraph (1) of the Constitutional Court Law reads, “The petitioner may withdraw his/her petition before or during the examination thereof by the Constitutional Court,” while paragraph (2) reads, “Withdrawal of a petition as referred to in paragraph (1) means that the petition may not be filed again.”

Based on those provisions, at a deliberation meeting (RPH) on December 18, the constitutional justices decided that the withdrawal was legally grounded. They then ordered the Chief Registrar to record the withdrawal in the electronic constitutional case registration book (e-BRPK) and to return copies of the petition to the Petitioners.

Also read:

Age Requirement for Presidential Tickets Challenged, Concurring Opinions Highlighted

Petitioners Do Not Revise Petition on Presidential Tickets’ Age Limit

The age requirement for presidential and vice-presidential candidates was challenged once again to the Constitutional Court (MK). The petition was filed by Heri Purwanto and Bambang Barata Aji.

At the preliminary hearing for case No. 146/PUU-XXI/2023 on Wednesday, November 29, 2023, the Petitioners revealed that they are Indonesian citizens and entrepreneurs. They highlight the concurring opinions of two justices in Decision No. 90/PUU-XXI/2023, i.e. Constitutional Justices Daniel Yusmic P Foekh and Enny Nurbaningsih.

“When compared to the verdict, the concurring opinions are unsynchronized. In our opinion [as stated in] in our petition, Professor Enny’s concurring opinion can actually be categorized as a dissent,” said legal counsel Mursid Mudiantoro.

The concurring opinions were fundamentally different from the verdict. The former emphasized the minimum age requirement of 40 years or having been or is currently a governor, whereas the verdict focuses on having been or is currently occupying an office elected through the general or regional election.

The Petitioners asserted that the concurring opinion limited the requirement to governors. Meanwhile, the verdict extends it to legislative and executive election, in this case, regional election. When linked to the issue of presidential threshold, instead of being erga omnes, the a quo decision shows partiality to certain legal subjects.

In their petitum, the Petitioners requested the Court to declare the phrase “at least 40 (forty) years of age” in Article 169 letter q of the Election Law as interpreted in Decision No. 90/PUU-XXI/2023 unconstitutional and to declare the a quo decision not executorial.   

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