Bawaslu Respects Supreme Court Decision Regarding Minimum Age Limit For Regional Head Candidates

JAKARTA - Member of the Election Supervisory Body (Bawaslu) RI, Lolly Suhenty, stated that his party respects the decision of the Supreme Court (MA) which granted the lawsuit by the Garuda Party regarding the minimum age limit for regional head candidates.

The decision changed the minimum age limit for governor candidates (cagub) and deputy governors to 30 years, as well as 25 years for candidates for regents, deputy regents, mayors, and deputy mayors, which were calculated since the pair of candidates were elected.

"If the Supreme Court's decision is to implement the law. So in this context, Bawaslu must respect all ongoing processes," said Lolly in the Media Gathering Supervision of the 2024 Simultaneous Election Stages in Nusa Penida, Klungkung, Bali, Saturday night, June 1.

Lolly explained that Bawaslu, as the executor of the law, respects the entire legal process that has taken place. He also added that the Supreme Court's decision is being awaited by the General Elections Commission (KPU) to be synchronized with KPU Regulation (PKPU) Number 3 of 2017 concerning the Candidacy for the Election of Governor and Deputy Governor, Regent and Deputy Regent, and/or Mayor and Deputy Mayor.

"We are waiting in the process, because the KPU will include it in the PKPU which is currently in process," he explained.

For information, the Supreme Court granted a judicial review request from the Garuda Party regarding the minimum age limit for regional head candidates. The decision is contained in Decision Number 23 P/HUM/2024 which was decided by the Supreme Court Panel of Judges on Wednesday, May 29, 2024.

"Granted the application for objection to the judicial rights of the Petitioner of the Garuda Republic of Indonesia Party (Garuda Party)," reads the verdict quoted from the official website of the Supreme Court in Jakarta, Thursday.

In the decision, the Supreme Court stated that Article 4 paragraph (1) letter d of the Indonesian KPU Regulation (PKPU) Number 9 of 2020 concerning the nomination of the election of governors and deputy governors, regents and deputy regents, and/or mayors and deputy mayors contrary to higher laws and regulations, namely Law (UU) Number 10 of 2016.

The Supreme Court also stated that the article in the PKPU does not have legal force as long as it is not interpreted that it is at its lowest 30 ( thirty) years old for candidates for governor and deputy governor and 25 (twenty five) years for candidates for regent and deputy regent or candidate for mayor and deputy mayor since the pair of candidates were elected.

Previously, this article required Indonesian citizens (WNI) to be at least 30 years old starting from the determination of the candidate pair. With the granting of the Garuda Party's request, there was a change in the minimum age limit and the candidate's age counting point.

In its consideration, the Supreme Court argues that the age counting for prospective state administrators, including regional head candidates, must be calculated from the date of their inauguration or shortly after the end of the candidate's status as a candidate, both as a candidate for registrant, candidate pair, and elected candidate.

According to the Supreme Court, if the age counting of regional head candidates is only limited to the time the candidate pair is determined, then there is a potential loss for citizens or political parties who cannot run or carry a new regional head candidate who will reach the age of 30 for the governor/deputy governor and 25 years for the regent/deputy regent when they have passed the stage of determining the candidate pair.

The Supreme Court also argues that Law Number 10 of 2016 is not only intended for the KPU as the election organizer, but also for all citizens who have the right to nominate and be nominated.