MK Accepts Revocation Of Minimum Age Lawsuit For Presidential And Vice Presidential Candidates

Chief Justice of the Constitutional Court Anwar Usman while chairing the trial of the verdict for the judicial review of the article in Law Number 7 of 2017 concerning Elections at the Constitutional Court Building, Jakarta, Thursday (15/6/2023). (ANTARA-Rivan Awal L)

JAKARTA - The Constitutional Court (MK) granted the request for judicial review of Article 169 Letter q of Law Number 7 of 2017 concerning General Elections, relating to the minimum age of presidential and vice presidential candidates.

"Stipulates granting the withdrawal of the petitioners' requests," said Chief Justice of the Constitutional Court Anwar Usman during a trial for the pronouncement of the verdict or stipulation at the Constitutional Court Building, Jakarta, Monday, October 2, which was confiscated by Antara.

The case Number 100/PUU-XXI/2023 was filed by an Indonesian citizen (WNI) named Hite Badenggan Lumbantoruan and Marson Lumban Batu. In the petitum, the petitioners asked that the terms of the presidential and vice presidential candidates in Indonesia be changed, starting from the age of at least 40 years to 30 years.

According to the petitioners, in fact, there are several regional heads who are under 40 years old and have experience.

The petitioners gave an example of the regional head, namely the Governor of Lampung M. Ridho Ficardo (34), the Mayor of Medan Bobby Nasution (32), the Regent of Trenggalek Emil Dardak (32), and the Mayor of Surakarta Gibran Rakabuming (35).

"Against the petition, the Court has held a trial on September 13, 2023, with a preliminary examination agenda and the Court has given advice in accordance with Article 39 of the Constitutional Court Law, and provided opportunities for applicants to correct their applications," said Anwar.

However, he continued, in the second preliminary examination session on September 26, 2023, the petitioners submitted a letter requesting the withdrawal of the case. The reason is because the applicant feels that the argument for the application is still weak.

"The first reason, we also received Your Majesty's advice regarding the first trial, Your Majesty. Yes, that's it, Your Majesty. We still have weak arguments, Your Majesty," said Hite as quoted in the minutes of the trial downloaded from the official website of the Constitutional Court in Jakarta, Monday 2 October.

Based on the request for the revocation of the case, the Constitutional Court held a panel of judges and concluded that the withdrawal or withdrawal of Case Number 100/PUU-XXI/2023 reasoned according to law.

As regulated in Article 35 paragraph (2) of the Constitutional Court Law, the recall resulted in the a quo application not being re-submitted. Thus, Hite and Marson were unable to re-submit the request.

"Stating that the applicants cannot re-submit the a quo application," said Anwar.