Constitutional Court Rejects UNUSIA Student Lawsuit Regarding The Age Of Presidential And Vice Presidential Candidates, Gibran Can Continue To Participate In The 2024 Presidential Election

Illustration of the Constitutional Court (MK). (Antanews)

JAKARTA - The Constitutional Court (MK) rejected the judicial review of the requirements for the age of presidential and vice-presidential candidates submitted by the Faculty of Law, Nahdlatul Ulama University Indonesia (UNUSIA) Brahma Aryana.

"Rejected the applicant's application in its entirety," said Chief Justice of the Constitutional Court Suhartoyo when reading the verdict of Case Number 141/PUU-XXI/2023 in the Court Building I 2nd Floor Session Room, Jakarta, Wednesday, November 29, which was confiscated by Antara.

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

The petitioner in his petitum requested that the phrase in the article being sued be changed to "at least 40 years old or experienced as regional head at the provincial level, namely governor and/or deputy governor."

The petitioner said that the defendant's article had violated the principle of legal certainty by arguing that there was an ethical violation in the examination of the Constitutional Court's Decision Number 90/PUU-XXI/2023, as decided by the Honorary Council of the Constitutional Court (MKMK).

Related to this, the Constitutional Court highlighted the Constitutional Court's decision which could not comment or assess the substance of the Constitutional Court's decision. Therefore, the Constitutional Court said that there was no other choice but to emphasize that the Constitutional Court's decision Number 90/PUU-XXI/2023 still had binding legal force.

"From the Constitutional Court's decision, it has proven and confirmed that the MKMK does not in the least provide an assessment that the Constitutional Court's Decision Number 90/PUU-XXI/2023 is a legal defect, but instead confirms that the decision in question applies legally and has a final and binding nature," said Constitutional Justice Daniel Yusmic P. Foekh reading out the Constitutional Court's considerations.

Furthermore, the Constitutional Court stated that if there are still issues of constitutionality of norms as questioned by the applicant, the Constitutional Court remains in its stance that in general it is related to determining the age limit as an area of authority for legislators.

"Therefore, even regarding the issue in the a quo application, the court considers it appropriate if this is left to the legislators to assess and formulate it," said Daniel.

On that basis, the Constitutional Court concluded that the main application submitted by UNUSIA students was not legally justified in its entirety.

Previously, the Constitutional Court's decision Number 90/PUU-XXI/2023 allowed regional heads not yet 40 years old to run as presidential or vice presidential candidates on condition that they were experienced as regional heads.

The Constitutional Court's decision Number 90/PUU-XXI/2023 invites controversy in the public. A total of 21 reports of alleged violations of the ethics of the Constitutional Court (MKMK) judge entered the Constitutional Court Honorary Council (MKMK) regarding the Constitutional Court's decision Number 90/PUU-XXI/2023.

The Constitutional Court's decision regarding the obscenity of regional heads not yet 40 years old to advance as presidential and vice-presidential candidates resulted in Anwar Usman's dismissal from the position of Chief Justice of the Constitutional Court.

The decision to dismiss Anwar Usman was read out by the Chief Justice of the MKMK Jimly Asshidiqqie in the trial of the verdict of alleged violation of the constitutional judge's ttik at the Constitutional Court building, Central Jakarta, Tuesday, November 7.

Jimly said Anwar Usman was proven to have committed serious violations of the code of ethics and behavior of the constitsu judges. In addition to firing Anwar as Chief Justice of the Constitutional Court, the Constitutional Court also forbade Anwar to participate in handling all cases of the 2024 election dispute.

"Imposing sanctions for dismissal from the position of Chief Justice of the Constitutional Court to the reported judge," said Jimly.