Petitioners’ legal counsel attending the Decision Pronouncement Hearing in Case No. 18/PUU-XXIV/2026 on the material judicial review of Law No. 7 of 2017 on General Elections, as lastly amended by Law No. 7 of 2023 on Monday (2/3). Photo by MKRI/Bay.

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Jakarta (MKRI) - The Constitutional Court has declared inadmissible a petition to review Law No. 7 of 2017 on General Elections. The ruling in Case No. 18/PUU-XXIV/2026, delivered in a decision hearing led by Chief Justice Suhartoyo on Monday, March 2, 2026, concerned a challenge to the age requirement for members of the General Elections Commission (KPU) and Elections Supervisory Agency (Bawaslu).

Petitioners E’eng Wicaksono (Petitioner I) and Suardi Soamole (Petitioner II) had questioned the constitutionality of Article 21 paragraph (1) letter b and Article 117 paragraph (1) letter b of the General Election Law, which set a minimum age of 40 at the time of registration for KPU and Bawaslu candidates.

Reading the Court’s legal considerations, Justice Ridwan Mansyur said petitum points 2 and 3 each contained two overlapping interpretive requests. First, the Petitioners asked that Article 21 paragraph (1) letter b and Article 117 paragraph (1) letter b be declared unconstitutional and non-binding insofar as they impose a minimum age requirement. Second, they asked that the provisions be interpreted in line with their proposed wording.

“The formulation of these two petitums does not clearly indicate whether the Petitioners want the minimum age requirement to be changed, or want it removed altogether for prospective KPU and Bawaslu members,” Justice Ridwan said.

Also read:

Petitioners Request A Minimum Age of 35 for Candidates of KPU and Bawaslu Members

Petitioners Revise Legal Standing in Challenge to Age Limit for KPU and Bawaslu Candidates

The Petitioners contended that the age limit is contrary to Article 27 paragraph (1), Article 28D paragraph (1), Article 28D paragraph (3), and Article 28I paragraph (2) of the 1945 Constitution of the Republic of Indonesia. According to the Petitioner, the norm is discriminatory and disproportionate because it lacks an objective and rational basis.

The Petitioners believe that a minimum age of 40 creates a barrier to citizens obtaining equal opportunities in government, as age should not be the sole criterion for assessing an individual's ability, integrity, and intellectual capacity to perform duties as election officials.

According to the Petitioners, the provisions of Article 21 paragraph (1) letter b and Article 117 paragraph (1) letter b of the General Election Law violate the principle of equality before the law as stipulated in Article 27 paragraph (1) and Article 28D paragraph (1). Supposedly, the age of 40 should not be a parameter to consider an individual’s capacity to carry out duties as a member of KPU or Bawaslu. In addition, the Petitioners found the age limit of 40 unjust, and no evidence was presented that the age of 40 has a notable relevant competence.

In addition, the Petitioners consider that the provisions are contrary to the principle of meritocracy, because the filling of public positions must be based on capacity, integrity, competence, and track record, which can be tested through selection mechanisms, rather than on formal age.(*)

Case tracking: Petition No. 18/PUU-XXIV/2026 (in Indonesian)

Decision No. 18/PUU-XXIV/2026 (in Indonesian)

Author: Utami Argawati.

Editor: Lulu Anjarsari P.
PR: Fauzan Febriyan
Translator: Rizky Kurnia Chaesario

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 prevails.

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