Commission II Of The DPR Calls The Constitutional Court's Decision Regarding The Age Limit For Presidential And Vice Presidential Candidates Applicable If The Election Law Is Revised

Illustration. Simulation of voting and vote counting in preparation for the 2024 General Election at the Bali KPU Office, Denpasar, Bali, Thursday 2 December 2021. (Between-Nyoman Hendra Wibowo)

JAKARTA - Deputy Chairman of Commission II of the DPR Junimart Girsang conveyed that the decision of the Constitutional Court (MK) regarding the age limit for presidential and vice presidential candidates at least 40 years or having served as regional heads can be applied if the Election Law (UU) is revised.

"This can only be enforced when the Election Law is revised because the Constitutional Court is not a legislative function, so the Constitutional Court's decision cannot apply automatically in accordance with Law Number 12 of 2011 (Ection Law)," Junimart said in a statement, Tuesday, October 17.

For this reason, Junimart said the General Elections Commission (KPU) and the Election Supervisory Body (Bawaslu) as election organizers could not make changes to the General Elections Commission Regulation (PKPU) related to content "ever or being a regional head" before the Election Law was revised first.

"Before the Election Law was amended, whoever is meant to be'moderate or once a regional head' during the age of not reaching 40 years could not be registered with the KPU," he said.

Because, he said, the Constitutional Court does not have a legislative function so that what is decided does not automatically become a law, even though it is final and binding (finals and bindings).

"Because the Constitutional Court does not have a legislative function, what is decided does not automatically become a law. The DPR and together with the Government must revise the Presidential Election Law first by including the clause 'ever or serving as regional head'," he said.

Junimart also assessed that the Constitutional Court had placed itself as a legislature in deciding the judicial review case of the Election Law regarding the terms and age limits of the presidential and vice presidential candidates.

"That's what they want (MK to impose a related decision in the 2024 election), according to the Constitutional Court's law, they have carried out a legislative function that is not their authority. The maker of the law is the DPR with the Government, not the Constitutional Court," he said.

According to him, the Constitutional Court only has the right to state whether a law is against the constitution or not.

"When the Constitutional Court takes new material that is not listed in the main material of the law that is being tested, namely the new provision 'ever or answering as regional head', then the court has exceeded its authority or ultra petita," he said.

Previously, Monday, October 16, the Constitutional Court granted some requests for judicial review of Law Number 7 of 2017 concerning General Elections regarding the age limit for presidential and vice presidential candidates to be changed to 40 years old or have experience as regional heads.

"Granted the petitioner's petition in part," said Chief Justice of the Constitutional Court Anwar Usman during a hearing to read the verdict/decision at the Constitutional Court Building, Jakarta, Monday, October 16.

The Court granted part of Case Number 90/PUU-XXI/2023 submitted by an individual Indonesian citizen (WNI) named Almas Tsaqibbirru Re A who came from Surakarta, Central Java.

He requested that the nomination requirements for presidential and vice-presidential candidates be changed to a minimum age of 40 years or experienced as regional heads, both at the provincial and district/city levels.