Today, The Constitutional Court Decides Prabowo's Fate Regarding The Maximum Age Limit For A Presidential Candidate Of 70 Years

Constitutional Court Building (ANTARA)

JAKARTA - The Constitutional Court (MK) on Monday (23/10/2023) will decide on three matter test cases regarding the age limit for presidential candidates (candidates) and vice presidential candidates (cawapres) as stipulated in Article 169 letter q of Law Number 7 of 2017 in the middle of General Elections (UU Pemilu). One of them is the case that asks regarding the maximum age limit of the presidential/vice presidential candidate of 70 years, which can be a barrier for Prabowo Subianto to run in the 2024 presidential election. There are three cases that will be decided today, namely case Number 102/PUU-XXI/2023, 104/PUU-XXI/2023, and 107/PUU-XXI/2023. The trial was held at 10.00 WIB at the Constitutional Court Building, Central Jakarta. The maximum presidential age limit of 70 years will be related to Prabowo Subianto who will run in the 2024 presidential election. The reason is, currently, Prabowo is 72 years old so that if the Constitutional Court grants the material test the maximum age limit of 70 years, then Prabowo fails to advance as a presidential candidate. In the case Number 102/PUU-XXI/2023 proposed by applicant Wiwit Ariyanto, Rahayu Fatika Sari, Rio Saputro, in his petitum, asked the court to declare Article 169 letter q of the Election Law contrary to the 1945 Constitution as long as it is not interpreted “ the lowest age is 40 years and the highest is 70 years in the process of the selection of”. In addition, the applicant in the case also requested Article 169 letter d of the Election Law to regulate additional norms. One of them is related to the presidential and vice presidential candidates not having a track record of committing past gross human rights violations. This also has the potential to hinder Prabowo, who was linked to gross human rights violations of alleged kidnapping of activists during the New Order to the 1998 reform period. In addition, case Number 107/PUU-XXI/2023 proposed by Rudy Hartono, also asked the Constitutional Court to set a maximum limit on the requirements for the age of the presidential-cawapres candidate at the age of 70 years. The previous week, Monday (16/10/2023) the Constitutional Court had decided a case similar to the content that determining the age limit for presidential and vice presidential candidates is the authority of legislators, the DPR and the government or open legacy policy. Except for the 90/PUU-XI/2023 case filed by Almas Tsaqibbirru Re A, the Constitutional Court added a new norm in Article 169 letter q, namely being at the lowest age 40 years old or once/in the position elected through general elections including regional head elections. With the Constitutional Court's decision, Gibran Rakabuming Raka, who is 36 years old, can run in the 2024 presidential election because he is currently serving as Mayor of Surakarta.