Issues Of Minimum Age Limit For Presidential Candidates, Expert: Can Be Resolved In DPR Not In MK

Photo Archives - Screenshot of the Chairman of the Honorary Council of the Constitutional Court (MKMK) I Dewa Gede Palguna, Jakarta, Monday (20/3/2023). (DOC. ANTARA)

JAKARTA - Welcoming the implementation of the 2024 presidential election, a polemic has emerged regarding the provisions for the minimum age of the presidential and vice-presidential candidates. From a minimum of 40 years in effect, it is proposed to be reduced to 35 years.

Previously, the Indonesian Solidarity Party (PSI), Garuda Party, and five regional heads had sued the Election Law to the Constitutional Court (MK). The point of the lawsuit is related to the minimum age limit for presidential and vice presidential candidates.

Constitutional law expert Udayana University and former Constitutional Court (MK) Judge I Dewa Gede Palguna suggested that the minimum age limit for presidential and vice presidential candidates be completed in the DPR because the minimum age limit is not a constitutionality problem.

"Just resolved in the DPR, this is not a matter of 'judicial review', but a matter of: legislative review:," said Dewa Gede when contacted by ANTARA, quoted on Saturday, August 5.

The 'legislative review' is a mechanism for testing laws and regulations by the DPR. Meanwhile, the "judicial review" is the testing of laws and regulations by the judiciary and the Supreme Court (MA).

He explained, to change the minimum age limit for presidential candidates (candidates) and vice presidential candidates (cawapres) to 35 years, the Constitutional Court must state that the age of 40 years is contrary to the 1945 Constitution (UUD).

In fact, continued Dewa, there are no certain criteria in determining the minimum age limit for someone who wants to register as a presidential candidate.

"How is that? It's impossible," said the constitutional law expert from Udayana University, Bali, as quoted by Antara.

Therefore, Dewa said, it would be more appropriate for the DPR to resolve the issue of the minimum age limit for presidential and vice presidential candidates.

Moreover, at the trial of case examinations Number 29, 51 and 55/PUU-XXI/2023 regarding the minimum age limit for presidential candidates, the government and the DPR provide references to countries that provide a minimum requirement of 35 years.

This means, said Dewa, the legislators have agreed that the minimum age is 35 years.

"If the DPR has agreed, yes, why bother," he said.

In line with Dewa, Indonesia's electoral and democratic researcher Titi Anggraini is of the view that the Constitutional Court does not have the authority to decide the minimum age limit for presidential and vice presidential candidates.

Titi referred to the Constitutional Court's decision Number 15/PUU-V/2007 and the Constitutional Court's Decision Number 58/PUU-XVII/2019. In both decisions, the Constitutional Court stated that regarding the age limit there were no constitutional problems because it was entirely the authority of the legislators.

In fact, said Titi, the Court has also emphasized that if the age limit is not regulated in the law, it is left to the laws and regulations under the law to regulate it, it does not conflict with the 1945 Constitution.

Although the two decisions are decisions on testing the age limit for regional head candidates, the essence and constitutional arguments also apply to other public positions.

"So it is firm and clear that the age requirements, like the educational requirements for presidential and vice presidential candidates, are the authority to form a law," said Titi.