JAKARTA - The Constitutional Court (MK) granted the judicial review of case number 90/PUU-XXI/2023 regarding the requirements for presidential and vice-presidential candidates at least 40 years old or having experience as regional heads.
Constitutional Justice Daniel Yusmic Pancastaki Foekh said, if there is a comparison with the constitution in other countries that is closest to Indonesia's stipulation, the minimum age limit for presidential and vice presidential candidates is 40 years, there are 11 countries.
This was explained by Daniel during the trial of the Constitutional Court's decision at the Constitutional Court Building in Jakarta on Monday, October 16. The trial was related to the lawsuit of Article 169 letter q of Law (UU) Number 7 of 2017 concerning the election regarding the minimum age limit for presidential and vice presidential candidates proposed by a student named Almas Tsaqibbirru Re A.
Here are the 11 countries:
1. Albania. The determination regarding the minimum age limit requirement for 40 years for registration of presidential and vice-presidential candidates is regulated in Article 86 paragraph 2 of the Albania Constitution which states, "Only an Albanian citizen by birth who has been a resident in Albania for not less than the past 10 years and who has reacted the age of 40 may be elected President";
2. Afghanistan in its constitution states, "The individual who becomes a presidential candidate shall have the following qualifications;... 2. Shall not less than forty years old the day of candacy";
3. Algeria. The rules are contained in Article 91 of the Algerian Constitution which states, "To be eligible for the Presidency of the Republic, the candidate shall... be forty (40) years old on election day";
4. The Czechs contain Article 57 paragraph (1) in the Czech Republic Constitution which states, "Any nitizen eligible for election to the Senate may be elected President";
5. Estonia. The rules include Article 79 paragraph three of the Estonian Constitution stating, "An Estonian citizen by birth which has guaranteed death years of age may be nominal as a candidate for President of the Republic";
6. North Macedonia. Its stipulation is contained in Article 80 of the North Macedonia Constitution stating, "The President of the Republic is elected in general and referred elections, by secret toddlers, for a term of live years. A person may be elected President of the Republic two times at most. The President of Republic shall be a citizen of tea Republic of Macedonia. A person may be elected President of the Republic if over the age of at least 40 on the day of the election...";
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7. Philippines. The rules are contained in Article VII, Section 2 of the Philippine Constitution which states that, "No person may be elected President unless he is a natural born citizen of the Philippines, a registered voter, able to read and write, at least forty years immediately preparing succh election";
8. South Korea is contained in Article 67 paragraph (4) of the Korean Constitution;
9. Germany is enshrined in Article 54 paragraph (1) of the German Constitution;
10. Turkey is in Article 101 paragraph of the first Turkish Constitution;
11. Armenia is regulated in Article 124 paragraph (2) of the Armenian Constitution.
As for the trial for case decision number 90/PUU-XXI/2023, the Constitutional Court granted the claim for presidential and vice-presidential candidates for at least 40 years or already has experience being a regional head to run in the 2024 presidential election.
"The Court has also given principal considerations stating that a person has served as a regional head or regional head official for half or more of his term of office, so the person concerned is calculated to have served one term (VIde Decision of the Constitutional Court Number 22/PPU-VII/2009 which was pronounced in an open session to the public on November 17, 2019]," Daniel said in a trial at the Constitutional Court's decision, Monday, October 16.
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