KPU Will Follow Constitutional Court's Decision On The Age Limit For Presidential And Vice Presidential Candidates

KPU chairman Hasyim Asy'ari when giving a statement in Jakarta, Thursday (12/10/2023). (ANTARA/Narda Margaretha Sinambela)

The General Election Commission (KPU) will follow the decision of the Constitutional Court (MK) regarding the minimum age limit for presidential candidates (candidates) and vice presidential candidates (cawapres) which will be read out on Monday, October 16.

"That then there is a different decision, the KPU as the implementer of the law will implement the decision," said Chairman of the Indonesian KPU Hasyim Asy'ari as quoted by ANTARA, Thursday, October 12.

He explained that the KPU regulations regarding the registration of presidential and vice presidential candidates on Monday (9/10) so that the regulation was valid for implementation.

"What is clear is that the PKPU is declared valid when it has been signed by the party that has the authority and we are at the KPU," he explained.

This makes the regulation legal since it was signed without the need to wait for it to be promulgated. The KPU has also submitted the PKPU to the Ministry of Law and Human Rights to be promulgated.

"If the legislation does not make a regulation legal or invalid, the law, according to Law Number 12 of 2011 concerning the formation of laws and regulations, is related to the date the legislation takes effect," said Hasyim.

Meanwhile, he continued, PKPU related to the age limit for presidential and vice presidential candidates is still 40 years old. With the Constitutional Court (MK) decision plan related to the presidential and vice presidential age lawsuit which will be held Monday (16/10), the KPU will certainly adjust.

The Constitutional Court previously announced that it would read out the judicial review decision of Article 169 letter q of Law Number 7 of 2017 concerning General Elections (UU Pemilu) related to the minimum age limit for presidential and vice presidential candidates on Monday, October 16, 2023.

The applicant for the judicial review of the Election Law related to the presidential/vice presidential age limit consists of a number of parties, ranging from politicians and political parties, lawyers, regional heads, to students. The political parties that filed a lawsuit on the minimum age requirements for presidential/vicevice presidential candidates are the Indonesian Solidarity Party (PSI) and the Garuda Party.

In Case Number 29/PUU-XXI/2023, the Indonesian Solidarity Party (PSI) in its petitum requested that the presidential/cawapres age limit be changed to 35 years.

In Case Number 51/PUU-XXI/2023 with Garuda Party Chairperson Ahmad Ridha Sabana and Garuda Party DPP Secretary General Yohananna Murtika, the applicant puts the phrase on the article being tested for material to be "at least 40 years old or experienced as regional head/deputy regional head".

Based on the schedule set by the General Elections Commission (KPU), registration of prospective pairs of presidential and vice presidential candidates from October 19 to October 25, 2023.