The Constitutional Court Affirms Alternative Requirements "Once A State Administrators" To Create Legal Uncertainty Contrary To The 1945 Constitution

JAKARTA - The Constitutional Court (MK) in considering the decision on the presidential and vice-presidential candidate's age limit lawsuit emphasized that the alternative requirements for vice presidential candidates were once state administrators proposed by the applicants 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 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 stressed. The Constitutional Court rejects the presidential and vice presidential age lawsuit filed by PSI. The authority of the age limit is under the authority of the DPR. The presidential and vice-presidential age limit remains 40 years

"Reject the petitioners in its entirety," said Chief Justice of the Constitutional Court Anwar Usman

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.