Mahfud MD Calls The Constitutional Court Unauthorized To Change The Age Limit For Presidential And Vice Presidential Candidates

Coordinating Minister for Political, Legal and Security Affairs Mahfud MD (ANTARA)

JAKARTA - Constitutional law expert who also serves as Coordinating Minister for Political, Legal and Human Rights (Menko Polhukam) Mahfud MD emphasized that the Constitutional Court (MK) has not the authority to change the age limit for presidential and vice presidential candidates.

According to Mahfud, the age limit for presidential and vice presidential candidates includes open legal policies or open legal politics. So the Constitutional Court should not be able to accept the lawsuit.

"Not rejecting the lawsuit, but not accepting it. Not accepting it means being returned to be processed through other institutions or a new process because the legal standing is not appropriate," Mahfud was quoted as saying by ANTARA Monday, September 25.

Mahfud explained that the Constitutional Court cannot change or cancel a rule that does not violate the constitution. Including the limitation of the age of presidential and vice-presidential candidates which are the authority of the legislative or DPR institutions.

"How many people (candidates and vice presidential candidates) do not violate the constitution. Whether (age) 40, 25, 70 violates, if there is no regulation, that the constitution does not prohibit or order means it does not violate the constitution. If you want to change what, it is not the Constitutional Court that changes, it is the DPR, the legislative institution," he explained.

Mahfud based on the history of the emergence of the Constitutional Court as a negative legislator in Austria in 1920. The Constitutional Court may only cancel laws and regulations that violate the constitution.

"He can only cancel (the laws and regulations) if he is wrong. If the choice is not a choice, the Constitutional Court cannot decide, that is the basic rule," said Mahfud MD.

Mahfud believes that the Constitutional Court already knows about the authority and what can be handled or cannot be handled. So he asked all parties to let the Constitutional Court work independently. Without intervention from any party.

"We leave it to the judge, we can't intervene in the judge, let him work," he said.

It is known that the parties who sued were PSI and two regional heads from the Gerindra Party. The first is the Mayor of Bukittinggi Erman Safar and the second is the Deputy Regent of South Lampung, Pandu Kesuma Dewangsa. Then, the Garuda Party, which currently supports Prabowo in the 2024 presidential election.

These parties want the minimum age limit for presidential and vice presidential candidates to be changed from 40 years to 35 years.