Mahfud MD Affirms Constitutional Court Decision Rejects Final Presidential-Cawapres Age Limit Lawsuit

SURABAYA - Coordinating Minister for Politics, Law and Security (Menko Polhukam) RI, Mahfud MD, said that the decision of the Constitutional Court (MK) was binding. Including the decision to reject the request for a judicial review of the General Election (UU Pemilu) regarding the age limit for presidential and vice presidential candidates.

"Whatever the Constitutional Court's decision is binding," said Mahfud MD, after giving a public lecture on "Democracy with dignity Towards Golden Indonesia 2045" at Airlangga University (Unair) Surabaya, Monday, October 16, 2023.

Regarding the Constitutional Court's decision, Mahfud asked all parties to respect it. Because, he said, the Constitutional Court is a state institution guarding the constitution.

"So we must be prepared with whatever the decision of the Constitutional Court is," he said.

The Constitutional Court (MK) stated that it could not determine the minimum age limit for presidential and vice presidential candidates. The reason for the determination by the Constitutional Court is that it is possible to cause dynamics.

"The Court cannot determine the minimum age limit for presidential and vice presidential candidates because of the possibility of dynamics in the future," said judge of the Constitutional Court Saldi Isra in the presidential and vice presidential age trial, Monday, October 16.

"In addition, if the Court determines it, the flexibility will be lost and can trigger the emergence of various applications related to the requirements for the minimum age of other public positions to the Constitutional Court," said Saldi Isra.

The Constitutional Court emphasized that the affairs of the presidential and vice presidential age limits are the authority to form laws, namely the DPR and the government.

According to the Court, the minimum age of presidential and vice presidential candidates that is adapted to the dynamics of the life of the nation and state is entirely the domain of the legislators to determine it. Therefore, the argument for the a quo application is unwarranted according to law," said Saldi.

In considering the decision on the presidential-cawapres age limit lawsuit, it is emphasized that the alternative requirements for the vice presidential candidate were once state administrators proposed by the applicant to create legal uncertainty.

"This means that someone who is not yet 40 years old should not be proposed as a presidential or vice presidential candidate, as well as someone who is not yet 40 years old may be proposed as a presidential or vice presidential candidate, as long as the person concerned is a state administrator or has served as a state administrator," said judge. MK Saldi Isra in court, Monday, October 16.

"This contradictory nature will undoubtedly create confusion and doubt for the address intended for article a quo, which in the end presents none other than a condition of legal uncertainty that is contrary to the 1945 Constitution," he said.