KPU Issues PKPU Minimum Age Requirements For Governor Candidates For 30 Years

The KPU has set rules to cover the 2024 Simultaneous Pilkada process through KPU Regulation (PKPU) Number 8 of 2024 concerning the Candidacy of Governors and Deputy Governors, Regents and Deputy Regents, as well as Mayors and Deputy Mayors.

As for Article 15 of PKPU Number 8 of 2024, the KPU officially stipulates the minimum age requirements for 30 years for governor candidates and 25 years for deputy governor candidates from the time they are appointed as elected candidate pairs.

"The lowest age requirement is 30 (twenty) years for Candidates for Governor and Deputy Governor and 25 (twenty five) years for Candidates for Regent and Deputy Regent or Candidate Mayor and Deputy Mayor as referred to in Article 14 paragraph (2) letter d as of the inauguration of the elected Candidate Pair," as quoted from the PKPU attachment Number 8 of 2024 reported by ANTARA, Tuesday, July 2.

This allows prospective regional head candidates to register even though they still do not reach the minimum age requirements. Even so, at the time of the inauguration of the elected regional head, the age of the regional head candidate has met the requirements stipulated in the PKPU.

To note, when the 2024 Pilkada stage has been running, the PKPU to accommodate the election process is still in the harmonization stage between the KPU and the government and the DPR as the legislators of the Law (UU).

Previously, the KPU still used the previous PKPU in the reference for the size of the pilkada stage process, including the minimum age limit for candidate pairs during registration.

However, the age limit was reformulated by Supreme Court Decision (MA) Number 24 which was previously sued by the Garuda Party.

This change in norm must also be adopted by the KPU because the Supreme Court granted the request.

The decision was contained in Decision Number 23 P/HUM/2024 which was decided by the Supreme Court judges on Wednesday, May 29, 2024.

"Granted the application for objection to the right to judicial review of the applicant for the Garuda Party," reads the verdict as 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 for governors and deputy governors, regents and deputy regents, and/or mayors and deputy mayors is contrary to higher laws and regulations, namely Law Number 10 of 2016.

The Supreme Court also stated that the article in the KPU regulation did not have legal force as long as it did not mean "...aged at least 30 (twenty) years for governor and deputy governor candidates and 25 (twenty five) years for candidates for regent and deputy regent or mayor candidate and deputy mayor since the pair of candidates were elected".

It is known, the article states that Indonesian citizens (WNI) can become candidates for governor and deputy governor by meeting the requirements for the lowest age of 30 years starting from the stipulation of the candidate pair. With the granting of the Garuda Party's request, there is a change in the minimum age limit requirement and the candidate's age counting point.

In its consideration, the Supreme Court is of the opinion that the age calculation 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 status as a candidate, both as a candidate for registrant, candidate pair, and elected candidate.

According to the judiciary, if the age counting point for regional head candidates is limited only when the candidate pair is determined, there is a potential loss for citizens or political parties who cannot run or nominate new regional head candidates who will reach the age of 30 for governors/deputy governors and 25 years for regents/deputy regents when they have passed the stages of determining candidate pairs.

In addition, the Supreme Court also believes that the Administrative 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 nominate.