KPU Proposes Revision Of PKPU Requirements For Presidential And Vice Presidential Candidates In Accordance With The Constitutional Court's Decision

JAKARTA - The General Election Commission (KPU) has submitted a revision of KPU Regulation (PKPU) Number 19 of 2023 concerning the Nomination of Participants in the General Election of the President and Vice President in accordance with the Constitutional Court Decision (MK) Number 90/PUU-XXI/2023.

This was conveyed by KPU Chairman Hasyim Asy'ari during a hearing (RDP) with Commission II of the DPR, Jakarta, Tuesday, October 31.

"The consideration that we submitted is the first that in connection with the decision of the Constitutional Court Number 90 it is necessary to make adjustments and improvements in KPU regulation number 19 of 2023 concerning the nomination of general election participants for the president and vice president regarding the terms of age as presidential and vice presidential candidates," said Hasyim as quoted by ANTARA.

Based on the considerations in the letter (a) of PKPU Number 19 of 2023, it reads, "Based on the results of the evaluation of the procedures for the nomination of the President and Vice President in the 2019 general election, it is necessary to make adjustments and improvements as well as replacements to the General Election Commission Regulation Number 22 of 2018 concerning the Nomination of Participants in the General Election of the President and Vice President".

For this reason, the KPU needs to stipulate regulations regarding amendments to KPU Regulation Number 19 of 2023. The reason is, in the decision of the Constitutional Court Number 90/PUU-XXI/2023 in the verdict, it is stated that the first one grants the petitioners' petition in part.

Then, stated that Article 169 letter (q) of Law Number 7 of 2017 concerning Elections contradicts the 1945 Constitution of the Republic of Indonesia. So Article 169 letter q of Law Number 7 of 2017 concerning General Elections reads "The lowest age is 40 (fourty) years or has been / is currently in office chosen through general elections including regional head elections".

In the draft PKPU amendment Number 19 of 2023 in article 13 paragraph 1 letter (q) it is determined that the requirement to become a presidential and vice presidential candidate is letter (q) at least 40 years old.

Then, in the draft amendment to PKPU 19 of 2023 to Article 13 paragraph 1 letter (q) the condition for becoming president and vice president is letter q at least 40 years old or once in the position elected through elections including regional head elections.

Previously, on Monday (30/10), KPU Chairman Hasyim Asy'ari highlighted the lawsuit filed with the KPU for allegedly accepting the registration of a presidential-vice presidential candidate before changing the PKPU, Hasyim said his party was ready to fulfill the summons of the Central Jakarta District Court (PN).

"If there is a trial call, we will attend the trial," he said.

The lawsuit against the KPU for alleged unlawful acts, because it received registration of the presidential candidate and vice presidential candidate Prabowo Subianto-Gibran Rakabuming Raka, was sent to the Central Jakarta District Court.

In the lawsuit, the chairman of the KPU should first consult with the DPR, through a hearing, to revise the PKPU before receiving Prabowo and Gibran registration files as candidates for the 2024 presidential election.

The PKPU change is considered necessary to adjust to the decision.