Fill In Supreme Court Decision Number 23, KPU Ordered To Revoke Minimum Age Rules For Regional Head Candidates

Illustration of the 2024 Simultaneous Pilkada (ANTARA)

JAKARTA - The Supreme Court (MA) has decided to grant the request for a judicial review related to the General Election Commission (PKPU) Regulation Number 9 of 2020 concerning the Candidacy for the Election of Governors and Deputy Governors, Regents and Deputy Regents, and/or Mayors and Deputy Mayors regarding the minimum age limit. This application was submitted by the Chairman of the Indonesian Revised Guard Party (Garuda), Ahmad Ridha Sabana.

"Regarding the application for HUM (Hence of Material Tests)," reads the Supreme Court Decision Number 23/P/HUM/2024, quoted from the Supreme Court's Coastal Service website, Thursday, May 30.

Through this decision, the Supreme Court stated that Article 4 paragraph (1) letter d of PKPU Number 9 of 2020 was deemed not in accordance with Law Number 10 of 2016 concerning Pilkada. The article in the PKPU previously stated

"The lowest age is 30 (twenty) years for Candidates for Governor and Deputy Governor and 25 (twenty five) years for Candidates for Regent and Deputy Regent or Candidates for Mayor and Deputy Mayor since the Determination of Candidate Pairs".

The Supreme Court assesses that Article 4 of PKPU Number 9 of 2020 does not have binding legal force as long as it is not interpreted as "the lowest age is 30 ( thirty) years for Candidates for Governor and Deputy Governor and 25 (twenty five) years for Candidates for Regent and Deputy Regent or Candidate Mayor and Deputy Mayor since the inauguration of the elected Candidate pair".

In its decision, the Supreme Court ordered the General Election Commission (KPU) as the respondent / defendant to revoke the provisions of Article 4 paragraph (1) letter d of PKPU Number 9/2020. Thus, the requirements for the age of candidates for governor and deputy governor are at least 30 years old, while the age of candidates for mayor and deputy mayor or regent or deputy regent candidates is at least 25 years old, starting from the inauguration of the elected candidate pair, not the determination of the candidate pair.

The applicant in this case is Ahmad Ridha Sabana, chairman of the Garuda Party. The panel of judges handling this case consisted of presiding judge Yulius, and member judges Bright Bangun and Yodi Martono Wahyunadi.

This decision was issued when the KPU was verifying the administrative requirements for support for prospective pairs of candidates for regional heads for individual channels. The registration process for the candidate pair for regional head of political parties is only scheduled for 27-29 August.

Garuda Deputy Teddy Gusnaidi explained his party's lawsuit granted by the Supreme Court. He said the lawsuit was filed by the Garuda Party because he considered that the contents of Article 4 paragraph 1 letter d of PKPU number 9 of 2020 contradicted Law number 10 of 2016 concerning Pilkada.

The following is the content of Article 4 paragraph 1 letter d of PKPU 9/2020 which was sued:

The lowest age is 30 (twenty) years for Candidates for Governor and Deputy Governor and 25 (twenty five) years for Candidates for Regent and Deputy Regent or Candidates for Mayor and Deputy Mayor since the Determination of Candidate Pairs.

Teddy assessed that the 'calculated' conditions since the appointment of a Candidate Pair in the article contradicted the Pilkada Law. He said the conditions were added to the PKPU.

His party also filed a lawsuit with the Supreme Court. They asked the Supreme Court to change the article so that the minimum age requirement for 30 years is calculated from the inauguration of the elected candidate.

Kata dia, ada penambahan syarat yaitu 'terjak sejak penetapan pasangan calon'. Padahal di pasal 7 ayat 2 huruf e UU 10 tahun 2016 tidak ada syarat tersebut. Maka itu kami gugatan dengan menggugat dengan mengubah syarat tersebut menjadi Pasal 4 ayat 1 huruf d'berusia paling rendah 30 (twenty) tahun untuk calon Gubernur dan wakil Gubernur dan 25 (twenty five) tahun untuk calon Bupati dan Wakil Bupati atau Calon Mayor dan wakil mayor terming sejak pelantikan pasangan calon terpilih'," ujarnya. Gugatan tersebut yang diberahkan MA.