Judge Saldi Isra Has Different Opinions The Constitutional Court Allows Regional Heads Under 40 Years Of Forward Presidential Election

Constitutional Justice Saldi Isra expressed a dissenting opinion on the decision of the Constitutional Court (MK) which granted part of the case lawsuit numbered 90/PUU-XXI/2023 submitted by a student from Surakarta named Almas Tsaibbirru Re A.

In this case, the Constitutional Court partially granted a lawsuit regarding the age limit for presidential and vice-presidential candidates aged at least 40 years or experienced as regional heads, both at the provincial and district/city levels.

In other words, regional heads under the age of 40 can now become presidential and vice-presidential candidates. One of the Constitutional Court judges who expressed his dissenting opinion, Saldi Isra admitted that he was confused by the decision.

Saldi stated that he did not agree with this decision. This is because the petition petitum no longer focuses on the age limit of the presidential and vice presidential candidates because it asks for additional alternative requirements.

"After reading comprehensively and thoroughly the Case Number 90/PUU-XXI/2023, the reason for the application (petitum) clearly relies on 'experiencing as a regional head both at the provincial and district/city levels'," said Saldi, Monday, October 16.

Saldi also mentioned the name of the eldest son of President Joko Widodo, Gibran Rakabuming Raka who also serves as Mayor of Solo.

"In fact, in plain view, the application No. 90/PUU-XXI/2023 uses 'experiencing' as well as'success' Solo Mayor Gibran Rakabuming Raka as a reference," he said.

Apart from Saldi Isra, Constitutional Justices who expressed dissenting opinions were Wahiduddin Adams, Arief Hidayat, and Suhartoyo.

Then, the five judges who agreed that the case would be granted were Anwar Usman, Manahan Sitompul, Enny Nurbaningsih, Daniel Yusmic, and Guntur Hamzah. Of the five, two judges at the Constitutional Court presented different reasons or concurring opinions.

For information, the following is the Constitutional Court's decision on case number 90/PUU-XXI/2023:

1. Granted the applicant's application in part.

2. State Article 169 letter q of Law Number 7 of 2017 concerning Elections (State Gazette of the Republic of Indonesia of 2017 Number 182, Supplement to the State Gazette of the Republic of Indonesia Number 610 which states, 'the lowest 40 (fourty) years old' is contrary to the Constitution of the Republic of Indonesia. In 1945 and does not have binding legal force, as long as it is not interpreted as 'the lowest age is 40 years or has been / is in office elected through general elections including regional head elections'. So Article 169 letter q of Law Number 7 of 2017 concerning Elections reads 'the lowest age is 40 years or has been / is in office chosen through general elections or regional head elections'.

3. Order the strengthening of this decision in the State of the Republic of Indonesia news properly.