KPU Will Comply With Constitutional Court Decisions On Minimum Age Of Presidential And Vice Presidential Candidates

The General Elections Commission (KPU) (ANTARA)

JAKARTA - Member of the General Election Commission (KPU) Idham Holik said his party would comply with whatever the decision of the Constitutional Court (MK) regarding the judicial review of the provisions on the minimum age limit for presidential and vice presidential candidates as stipulated in Law Number 7 of 2017 concerning Elections. The reason is that the Constitutional Court's decision is final and binding.

"Responding to information regarding the Constitutional Court will read out its decision on the judicial review of Article 169 letter q of Law Number 7 of 2017, the KPU is guided by the principle of legal certainty as stated in Article 3 letter d of Law Number 7 of 2017," said Idham, Wednesday, October 11.

The KPU, said Idham, refers to Article 24C paragraph (1) of the 1945 Constitution which states that the Constitutional Court has the authority to try at the first and last levels whose decisions are final to test laws against the Constitution.

This provision is then further regulated in the Explanation of Article 10 paragraph (1) of Law Number 8 of 2011 which states that the decision of the Constitutional Court is final, namely that the decision of the Constitutional Court immediately obtains permanent legal force since it was pronounced and no legal action can be taken.

"The final nature in the decision of the Constitutional Court in this law also includes binding legal force (finals and binding)," said Idham.

It's just that, said Idham, currently, the KPU is still guided by the provisions of Article 169 letter q of Law Number 7 of 2017, namely the requirement to become a presidential candidate and a vice presidential candidate is at least 40 years old

"In carrying out legal drafting, the KPU refers to the applicable norms, namely Article 169 letter q of Law Number 7 of 2017," concluded Idham.

It is known that the Constitutional Court will read out the judicial review decision regarding the provisions on the minimum age limit for presidential and vice presidential candidates in the presidential election on Monday, October 16, 2023. The judicial review decision regarding the age of the presidential and vice presidential candidates will be held on the 2nd floor of the Constitutional Court building, starting at 10.00 WIB.

Dalam laman resmi MK, disebutkan putusan atas tujuh permohonan uji materi terkait batas usia capres dan cawapres akan dibacakan hakim MK. Kejuduhnya adalah pertama, yakni perkara Nomor 29/PUU-XXI/2023 dengan pemohon Dedek Prayudi.

Second, case Number 51/PUU-XXI/2023 with applicant Yohana Murtika and Ahmad Ridha Sabana, then third, case number 55/PUU-XXI/2023 with applicant Erman Safar and Pandu Kesuma Dewangsa.

Fourth, case Number 90/PUU-XXI/2023 with applicant Almas Tsaqibbirru Re A. Fifth, number 91/PUU-XXI/2023 with applicant Arkaan Wahyu Re A. Sixth, case Number 92/PUU-XXI/2023 with applicant Melisa Mylitiachristi Tarandung.

The seventh is the pronunciation of the decision/decision for Case Number 105/PUU-XXI/2023 with applicants Soefianto Soetono and Imam Hermanda.

The petitioners tested Article 169 letter q of Law Number 7 of 2017 concerning General Elections. This article regulates the minimum age limit for presidential and vice presidential candidates of 40 years.

The petitioners asked that the minimum age requirement limit be lowered with different standards. There are applicants who ask to be reduced to 30 years, there are applicants who ask for 35 years and some ask that alternative requirements be regulated.

The judicial review of the provisions of the minimum age requirements for presidential and vice presidential candidates has so far been associated with one of the potential vice presidential candidates, namely the Mayor of Solo, Gibran Rakabuming Raka, who is constrained by the minimum age requirements for presidential and vice presidential candidates if he wants to run as a vice presidential candidate. The reason is, currently, Gibran is 35 years old.

It is known that the KPU opened the registration of presidential-cawapres candidates on 19-25 October 2023. Meanwhile, the determination of the candidate pair will be held on November 13, 2023.