The Constitutional Court Reads The Decision On The Age Lawsuit Of The Presidential Candidates-Cawapres Of The UNUSIA Student Lawsuit Tomorrow

Chief Justice of the Constitutional Court (MK) Suhartoyo (central) chaired the Formil Testing Trial Session Article 169 letter q of Law Number 7 of 2017 concerning General Elections/ANTARA PHOTO/Sulthony Hasanuddin/aww.

JAKARTA - The Constitutional Court (MK) will read out Case Decision Number 141/PUU-XXI/2023 regarding the judicial review of the presidential and vice presidential age requirements proposed by the students of the Faculty of Law, Nahdlatul Ulama Indonesia University (UNUSIA) Brahma Aryana, Wednesday (29/11).

Wednesday, November 29, 2023, at 11:00 WIB. Event: pronunciation of the verdict,' as quoted from the official website of the Constitutional Court of the Republic of Indonesia reported by ANTARA, Tuesday, November 28.

Brahma Aryana sued Article 169 letter q of Law Number 7 of 2017 concerning General Elections which was interpreted as the decision of the Constitutional Court Number 90/PUU-XXI/2023 regarding the minimum age requirements for presidential and vice presidential candidates.

Initially, the petitioner in his petitum asked for the phrase which was chosen through general elections, including regional head elections' in the article being sued to be changed to which was chosen through regional head elections at the provincial level.

"So that the full sound of 'the lowest age is 40 years or has been / is currently in the position chosen through regional head elections at the provincial level," said Viktor Santoso Tandiasa, Brahma Aryana's attorney, during the first preliminary examination hearing at the Indonesian Constitutional Court Building, Jakarta, Wednesday (8/11).

Viktor explained the reason the applicant filed the judicial review lawsuit was because he saw the composition of the constitutional judges who granted the request for Case Number 90/PUU-XXI/2023. According to the petitioner, the composition of the judge who granted the request was not unanimous.

It is known, there are five constitutional judges who agreed to grant the request. Among the five constitutional judges, there are three judges who agree that members of the legislature and regional heads at the provincial and district/city levels who are under the age of 40 can register as presidential/cawapres candidates.

Meanwhile, two other constitutional judges agreed that only regional heads under the age of 40 are allowed to register for the presidential election. The two judges are Enny Nurbaningsih and Daniel Yusmic P. Foekh.

Based on these considerations, the applicant believes that only experience as a regional head at the provincial level is unanimously agreed upon by the five judges.

"This means that if the choice of five constitutional judges who agree with the 90/PUU-XXI/2023 application is granted, it is only on the conditions of 'experiencing as regional heads at the provincial level as governors'. Because of these conditions, three constitutional judges (Anwar Usman, Guntur Hamzah, and Manahan MP Sitompul), did not reject it," said Viktor.

Then, in the second preliminary examination hearing, Monday (20/11), the applicant changed his petitum to The lowest age is 40 years or has experience as a regional head at the provincial level, namely the governor and/or deputy governor'.