Reminds Lawmakers To Often Change Age Limits For Public Officials, MK: Create Injustice

JAKARTA - The Constitutional Court (MK) emphasized that legislators should not easily and change the age requirements too often to become public officials, both elected and appointed officials.

"Such an affirmation of the Court is necessary considering that changing the terms of the lowest age and the highest age terms too often can cause legal uncertainty and injustice," said Constitutional Justice Arief Hidayat when reading out the considerations of the Constitutional Court at the trial of the pronouncement of the verdict in the Plenary Court Session Room, Jakarta, Thursday, September 12, which was confiscated by Antara.

According to the Constitutional Court, changing the age requirements too often can cause legal uncertainty or injustice because it is easy to shift a person's capability parameter or competence to occupy positions in a public institution or organization.

"If this is often changed, it is likely that legislators will formulate age adjustment policies to hinder the constitutional rights of other citizens with the aim, among others, for certain political motives," said Arief.

The Constitutional Court also emphasized that determining the age limit in a law is indeed the authority of the legislators. The Constitutional Court can judge the age limit if the norm of these provisions violates open legal policy limits.

Arief detailed that the open legal policy limit, which is not to violate morality, does not violate rationality, is not an intolerant injustice, does not exceed the authority of the legislators, is not an abuse of authority, and does not conflict with the 1945 Constitution of the Republic of Indonesia.

Then, do not deny the principles in the 1945 Constitution of the Republic of Indonesia, do not conflict with political rights, do not conflict with the sovereignty of the people, are not carried out arbitrarily, and do not exceed and/or abuse authority.

Other restrictions related to open legal policies have also been formulated through the Constitutional Court Decision Number 7/PUU-XI/2013. The Constitutional Court stated that the rules for terms of office age determined by legislators can be constitutionality problems if they cause institutional problems.

The institutional problem is that the rules cannot be implemented and cause a legal deadlock and hinder the implementation of the performance of the state institution concerned.

"In the end, it causes constitutionality losses for citizens," added Arief.

The Constitutional Court emphasized this in the consideration of Decision Number 68/PUU-XXII/2024. This case is related to the judicial review of the age requirements for prospective KPK leaders in Article 29 letter e of Law Number 19 of 2019 concerning the KPK.

The case was filed by former KPK investigator Novel Baswedan and 11 other former KPK employees.

The Constitutional Court decided to reject the application because the argument submitted was not legally valid in its entirety.