KPU: Regional Head Requires Presidential Permission If List Of Presidential And Vice Presidential Candidates

Member of the Indonesian KPU Idham Holik at the KPU Media Center, Jakarta, Monday (16/10/2023). (ANTARA/Narda Margaretha Sinambela)

JAKARTA - KPU member Idham Holik said regional heads must ask the president for permission if they want to register as a presidential candidate and vice presidential candidate.

"That in the event that there are regional heads and/or deputy regional heads who will be nominated as presidential and vice-pares candidates, the provisions of Article 171 paragraph 1 and 4 of Law Number 7 of 2017 will be applied," said Idham at the KPU Media Center, Jakarta, Monday, October 16.

Article 171 paragraph 1 of Law Number 7 of 2017 concerning Elections reads "A person who is currently serving as governor, deputy governor, regent, deputy regent, mayor, deputy mayor who will be nominated by a political party or coalition of political parties participating in the election as a presidential candidate or vice presidential candidate must ask for permission from the president".

After asking permission, he continued, the letter must be included in the requirements documents for presidential and vice presidential candidates. The letter must be given to the KPU at the time of registration in accordance with Article 171 paragraph 1.

"The letter requesting permission from the Governor, Deputy Governor, Regent, Deputy Regent, Mayor, Deputy Mayor as referred to in paragraph (1) is submitted to the KPU by a political party or coalition of political parties as a document on the requirements for presidential and vice presidential candidates," read Article 171 Paragraph 4 of Law Number 7 of 2017.

Previously, the Constitutional Court (MK) granted some requests for judicial review of Law Number 7 of 2017 concerning Elections regarding the age limit for presidential and vice presidential candidates to be changed to 40 years old or experienced as regional heads.

The case Number 90/PUU-XXI/2023 was filed by an individual Indonesian citizen (WNI) named Almas Tsaqibbirru Re A who came from Surakarta, Central Java.

The court concluded that the petitioner's petition was legally reasonable for part. Therefore, the Constitutional Court stated that Article 169 letter (q) of Law Number 7 of 2017 concerning Elections contradicts the 1945 Constitution of the Republic of Indonesia.

"So Article 169 letter (q) of Law Number 7 of 2017 concerning General Elections reads "The lowest age is 40 (fourty) years or has been / is currently in the position chosen through the general election including regional head elections", said Chief Justice of the Constitutional Court Anwar Usman reading the verdict.

Based on this decision, there were different reasons ("concurring opinions") from two constitutional judges, namely Enny Nurbaningsih and Daniel Yusmic P. Foekh, as well as different opinions ("dissenting opinions") from four constitutional judges, namely Wahiduddin Adams, Saldi Isra, Arief Hidayat, and Suhartoyo.