KPU Calls The Age Limit Used Still Referring To The Date Of Determination Of Candidates For Pilkada Pairs

JAKARTA - KPU chairman Hasyim Asy'ari said the age limit for regional head candidates used still refers to the date of determining the candidate pair, not the inauguration.

"Our perspective (KPU, ed.), actually what can be used to ensure there is legal certainty about a person who is even 25 years old for a candidate for regent, mayor, or even 30 years of governor candidate, is actually when the candidate pair is determined, September 22, 2024," said Hasyim as quoted by ANTARA, Monday, June 10.

He made the statement in response to the possibility of the KPU to ignore the decision of the Supreme Court (MA) regarding the age limit for regional head candidates.

According to Hasyim, the inauguration of the candidate pair for regional head is not the domain of the KPU's authority. However, he explained that the KPU was authorized until the determination of the candidate pair to be elected for the 2024 Pilkada.

"After that, the process was submitted to the central government, such as the regent, mayor on behalf of the president who issued the Decree of the Minister of Home Affairs (Minister of Home Affairs Decree). For governors, who issue the Presidential Decree or Presidential Decree (Presidential Decree)," he explained.

However, he said his agency was harmonizing the KPU Regulation (PKPU) regarding the Candidacy of Regional Heads after the issuance of the Supreme Court's decision.

"It is being discussed and harmonized with the government, in this case the Ministry of Law and Human Rights (Kemenkumham)," he said.

In addition to the Ministry of Law and Human Rights, he explained that the harmonization process was also carried out with the Ministry of Home Affairs and the Election Supervisory Body (Bawaslu).

Previously, the Supreme Court in Decision Number 23 P/HUM/2024 granted the request of the Garuda Party regarding the minimum age limit for regional head candidates.

The Supreme Court stated that Article 4 paragraph (1) letter d of KPU Regulation (PKPU) Number 9 of 2020 contradicts Article 7 paragraph (2) letter e of Law (UU) Number 10 of 2016.

Therefore, the Supreme Court stated that the article in the PKPU does not have legal force as long as it does not mean "... at least 30 years old for candidates for governor and deputy governor and 25 years old for candidates for regent and deputy regent or deputy mayor or deputy mayor since the pair of candidates was elected".

At the end of its decision, the Supreme Court also ordered the Indonesian KPU to revoke Article 4 paragraph (1) letter d of PKPU Number 9 of 2020.