The Petitioners and their legal counsels at a panel material judicial review hearing of the Pilkada Law, Thursday (7/25/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another hearing for three cases: No. 70/PUU-XXII/2024, No. 71/PUU-XXII/2024, and No. 72/PUU-XXII/2024 on Thursday, July 25, 2024. The Petitioners question the requirements for regional head candidates stipulated in Article 7 paragraph (2) of the Pilkada Law.

The Petitioners of Case No. 70/PUU-XXII/2024 has a provisional petitum requesting the Court to prioritize their petition and to issue a decision before the registration of candidates for the regional election on August 27, 2024. “At least a decision should be made before August 27, 2024,” said A. Fahrur Rozi, one of the Petitioners, before Deputy Chief Justice Saldi Isra (panel chair) and Constitutional Justices M. Guntur Hamzah and Arsul Sani.

To Exclude Justice Anwar Usman

Additionally, the Petitioners also requested the Court to declare Justice Anwar Usman not be allowed to participate or involve himself in the examination of this petition. “The Petitioners request Justice Anwar Usman [be abstain] and respectfully requests that [he] voluntarily recuse himself from the examination and decision-making process of the a quo case,” said Fahrur Rozi.

He explained that Justice Anwar Usman, directly or indirectly, had a conflict of interest due to his status as the uncle of Kaesang Pangarep, the son of President Joko Widodo (Jokowi), who is reportedly running as a candidate for regional head in the upcoming 2024 election. Fahrur Rozi (a constitutional law student of UIN Syarif Hidayatullah Jakarta) and another petitioner, Anthony Lee (a student of Podomoro University), argued that the minimum age requirement for regional head candidates should be calculated or applied from the time of candidate certification, not from the inauguration.

The General Elections Commission (KPU) interpreted the minimum age requirement as effective from the time of candidate certification. However, the Supreme Court assessed and interpreted Article 7, paragraph (2) letter e of the Pilkada Law as not specifying the stage at which the minimum age requirement of 30 years for regional head candidates should be applied. Thus, in its ruling, the Supreme Court declared that the minimum age requirement in Article 4 paragraph (1) letter d of KPU Regulation No. 9 of 2020 on the nomination of regional heads be counted from the inauguration of the elected candidates.

In their petitum, the Petitioners request that Article 7 paragraph (2) letter e be interpreted as, “at least 30 (thirty) years old for Candidates for Governor and Vice Governor and 25 (twenty-five) years old for Candidates for Regent and Vice Regent or Candidates for Mayor and Vice Mayor, calculated from the time of candidate designation.”

Also read: Ahead of Local Election, Requirements for Candidates Challenged

Requirements for Deputy Regional Head Candidates

Meanwhile, in case No. 71/PUU-XXII/2024, former governor of Riau Islands Isdianto challenges Article 7 paragraph (2) letter o of the Pilkada Law on the provision requiring vice regional head candidates to have never been a regional head in the same region.

However, the Petitioner said that an interim and definitive governor cannot be categorized has having served for a term when they have only served for one year and seven months or nineteen months, thus not meeting the five-year period of one full term.  In the petitum, the Petitioner requests that Article 7 paragraph (2) letter o be interpreted as “n. has never served one term as a Governor for candidates of Vice Governor for a period of less than 2.5 years (two years and a half).”

Educational Requirements for Regional Heads

Meanwhile, the Petitioner of case No. 72/PUU-XXII/2024, Tangerang resident Zulferinanda, admitted he had been harmed by the enforcement of Article 7 paragraph (2) letters c, e, and n of the Pilkada Law, which reads: “Candidates for Governor and candidates for Vice Governor, candidates for Regent and candidates for Vice Regent, and candidates for Mayor and candidates for Vice Mayor as referred to in paragraph (1) shall meet the following requirements: c. have at least a senior high school education or its equivalent; e. be at least 30 (thirty) years old for candidates for Governor and candidates for Vice Governor, and 25 (twenty-five) years old for candidates for Regent and candidates for Vice Regent and candidates for Mayor and candidate for Vice Mayor; n. has never served as a Governor, Vice Governor, Regent, Vice Regent, Mayor, and Vice Mayor for 2 (two) terms of office in the same position for candidates of Governor, Vice Governor, Regent, Vice Regent, Mayor, and Vice Mayor.”

According to the Petitioner, requiring at least a high school diploma (SLTA) or its equivalent for regional head candidates is not an appropriate decision in today’s modern era. This requirement has the potential to limit or at least reduce their right to benefit from knowledge and technology, as mandated by Article 28C paragraph (1) of the 1945 Constitution.

In his petitums, the Petitioner requests that the Court interpret Article 7 paragraph (2) letter c as “have at least a bachelor degree education or its equivalent” and Article 7 paragraph (2) letter e as “be at least 30 (thirty) years old for candidates for Governor, Vice Governor, Mayor, and Vice Mayor.” He also requests that the Court remove the phrase “for 2 (two) terms of office” in Article 7 paragraph (2) letter n, so that it reads: “has never served as Governor, Vice Governor, Regent, Vice Regent, Mayor, or Vice Mayor in the same position for candidates for Governor, Vice Governor, Regent, Vice Regent, Mayor, and Vice Mayor.”

Author            : Mimi Kartika
Editor             : Lulu Anjarsari P.
PR                 : Raisa Ayuditha Marsaulina
Translator      : Naomi Andrea Zebua/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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