The Petitioners and their legal counsel during the Preliminary Hearing of Case No. 178/PUU-XXIII/2025 on the Judicial Review of Law No. 40 of 2009 concerning Youth Affairs, Friday (10/10/2025). Photo by MKRI/Bay.

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JAKARTA, (MKRI) – The Regional Board of the Indonesian Youth National Committee (KNPI DPD) of DKI Jakarta filed a petition for judicial review of Article 1 paragraph (1) of Law No. 40 of 2009 on Youth Affairs against the 1945 Constitution before the Constitutional Court (the Court). The petition, registered as Case No. 178/PUU-XXIII/2025, was submitted by Chairperson Husnul Jamil, Secretary General Syafiqurrohman, Director of the Legal Aid Institute (LBH) Hamka Arsad Refra, and LBH Secretary M. Isbullah Djalil. The Petitioners questioned the constitutionality of the provision that defines youth as persons aged 16 to 30 years.

“Because of this article, we-citizens who are now 31 years old-cannot actively participate in certain programs organized by the Ministry of Youth and Sports,” said Husnul during the preliminary hearing held on Friday (10/10/2025) at the Court’s Plenary Courtroom in Jakarta.

The Petitioners argued that the provision causes legal discrimination and exclusion against Indonesian citizens aged over 30 who, from a sociological, biological, and psychological perspective, still fall within the developmental category of youth.

Article 1 paragraph (1) of the Youth Law reads:

“Youth are Indonesian citizens entering an important period of growth and development aged 16 (sixteen) to 30 (thirty) years.”

According to the Petitioners, limiting youth to the age of 30 denies citizens aged 31–40 the opportunity to participate in various national youth programs—such as scholarships, entrepreneurship initiatives, leadership training, and civic forums—despite being in a stage of continued self-development and social contribution.

This, they claimed, violates Article 28C paragraph (2) of the 1945 Constitution, which guarantees every citizen’s right to collectively advance the nation, as well as Articles 28D (1) and (3) and 28E (3), which ensure equality before the law and freedom of association.

“At the Ministry of Youth and Sports, we can no longer actively engage or contribute to programs that limit participation strictly to those under 30 years old,” Husnul added.

Request for Constitutional Interpretation

In their petitum, the Petitioners requested that the Court declare Article 1 paragraph (1) of Law No. 40 of 2009 on Youth Affairs to be in conflict with the 1945 Constitution, particularly with Articles 28C (2), 28D (1) and (3), and 28E (3). They further requested that the provision be declared non-binding insofar as it is not interpreted to mean:

“Youth are Indonesian citizens entering an important period of growth and development aged 16 (sixteen) to 40 (forty) years.”

The panel of justices presiding over the case consisted of Constitutional Justice Arief Hidayat (Chair), accompanied by Justices Anwar Usman and Enny Nurbaningsih.

Justice Enny Nurbaningsih noted that the Petitioners had not yet clearly demonstrated their legal standing, particularly how the alleged constitutional harm suffered by KNPI DPD DKI Jakarta directly resulted from the challenged provision.

“You claim that you are over 30 years old, but you must explain whether there is a specific, actual, or potential issue that grants you standing. Is there a causal link between your claimed loss and the enforcement of this provision?” Enny asked.

Before adjourning, Justice Arief Hidayat informed the Petitioners that they had 14 days to revise their petition. The revised application must be submitted no later than Thursday, 23 October 2025, at 12:00 WIB.

Author             : Mimi Kartika.

Editor              : Lulu Anjarsari P.

PR                   : Tiara Agustina.

Translator       : Agusweka Poltak Siregar.

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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