Astro Alfa Liecharlie challenging Article 7 paragraph (2) letter e of the Pilkada Law, Tuesday (7/2/2024). Photo by MKRI/Panji.

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JAKARTA (MKRI) — The age requirement for candidates for governors, regents, and mayors and their deputies in the Pilkada Law is being challenged by Astro Alfa Liecharlie, an individual Indonesian citizen, to the Constitutional Court (MK). The preliminary hearing for the material judicial review of Article 7 paragraph (2) letter e of Law No. 10 of 2016 on the Second Amendment to Law No. 1 of 2015 on the Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governors, Regents, and Mayors into Law (Pilkada Law) against the 1945 Constitution took place on Tuesday, July 2, 2024 in one of the Court’s panel courtrooms.

Astro, who attended the hearing on site, said the article (“Candidates Governor and Candidates for Vice Governor, Candidates for Regent and Vice Regent, and Candidates for Mayor and Vice Mayor, as stipulated in paragraph (1) must meet the following requirements: be at least 30 (thirty) years old for Candidates for Governor and Candidates for Deputy Governor….”) could potentially harm the Petitioner’s constitutional right to run as a vice governor candidate as the provision equates the age requirement for a governor candidate with that for a vice governor candidate. He said this is a form of discrimination, where different things are treated the same. He also said that the offices of governors, regents, and mayors are regulated clearly in Article 18 paragraph (4) of the 1945 Constitution, while those of their deputies are regulated in its derivative regulation in Law No. 9 of 2015.

“Thus, based on the principle of rationality, [I] would argue that the requirements for governor, regent, and mayor candidates should be prioritized as a reference. [I] respect the legislature’s authority in the open legal policy, so [I] refer to the [age limit] as determined, that is, at least thirty years for governor candidates and at least twenty-five years for regent and mayor candidates,” Astro said before Deputy Chief Justice Saldi Isra and Constitutional Justices Daniel Yusmic P. Foekh and Asrul Sani.

The Petitioner of case No. 41/PUU-XXII/2024 believes the lowest rational and fair age requirement for vice governor candidates should not be higher than 29 years, while that for vice regent and vice mayor candidates should not be higher than 24 years. This is because the difference of one year implies the principle of rationality and fairness to emphasize the offices’ lower positions.

Justices’ Advice

Constitutional Justice Daniel Yusmic P. Foekh advised the Petitioner to strengthen the elaboration of his legal standing as a citizen who is not affiliated with any political party. In addition, he recommended that the Petitioner include the view of experts in law, politics, and psychology on the importance of age provision in the candidacy of regional heads.

“Please explain whether the loss is actual or potential. [You] should also strengthen your argument by presenting comparison of ages of leaders in other countries,” Justice Foekh said.

Meanwhile, Constitutional Justice Asrul Sani highlighted the Petitioner’s reason to run for vice governor and not other vice regional head, such as vice mayor, for which age limit he has met.

“Since there have been similar petitions on the same argument, the Petitioner must explain the difference. Also explain the argument for the one-year difference in the proposed age limits for regional heads and th deputies,” Justice Arsul advised.

Next, Deputy Chief Justice Saldi Isra said that the Petitioner argued that his constitutional right had been eliminated by the implementation of the law. “[You] intend to run as a vice governor, so prove it. If you’re backed by a political party, explain the stage of communication [with them]. Also [explain] where in the world the age limits for regional heads and deputies are set according to the Petitioner’s wish,” he said.

Before concluding the hearing, Deputy Chief Justice Saldi asserted that the Petitioner would have 14 days to revise the petition and submit it to the Registrar’s Office no later than Tuesday, July 16.

Author         : Sri Pujianti
Editor          : Lulu Anjarsari P.
PR              : Raisa Ayuditha
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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