JAKARTA - The Association for Elections and Democracy (Perludem) assesses that the General Elections Commission (KPU) cannot change the KPU regulations that regulate the age requirements for regional head candidates (cakada) in the regional elections as a follow-up to the decision of the Supreme Court (MA).
The Supreme Court's decision to order the amendment to General Election Commission Regulation (PKPU) Number 9 of 2020 is contained in decision number 23 P/HUM/2024 on Wednesday, May 29, 2024.
In its decision, the Supreme Court changed the clause on the age requirements for candidates for governor and deputy governor at least 30 years old, candidates for regent and deputy regent or candidate for mayor and deputy mayor aged at least 25 years starting at the inauguration of the elected candidate pair.
Executive Director of Perludem Khoirunnisa Nur Agustyati views that the Supreme Court's decision is not in line with the provisions in Law Number 10 of 2016 concerning Pilkada.
"Perludem assesses that the KPU cannot follow up on this decision because it is the nature that causes changes in the phrase article a quo to contradict the provisions of the Pilkada Law," Khoirunnisa said in her statement, Friday, May 31.
According to him, the provisions for the age limit for candidacy in the regional elections should be interpreted as a condition that must be met by someone to get the status of a candidate for regional head, not at the inauguration.
In addition, Khoirunnisa also saw that the Supreme Court had mixed the requirements for candidates to become regional heads and the requirements for the inauguration of regional head candidates. Moreover, the Pilkada Law does not recognize the requirements for the inauguration of elected candidates after the KPU's determination of the results.
"Perludem considers that the Supreme Court has failed to interpret the provisions of Article 7 letter e which regulates the terms of the candidate, not the conditions for the inauguration of the elected candidate. Even though the two terms are two situations that have different legal consequences and cannot be mixed up," he explained.
It is known that the Supreme Court granted the request of the General Chairperson of the Garuda Party, Ahmad Ridha Sabana, who submitted a judicial review regarding the age limit for regional heads of at least 30 years to be revoked.
The decision was decided by the Chief Justice Yulius, with members of the Panel of Judges 1 Bright Bangun and Member of the Panel of Judges 2 Yodi Martono.
In its decision, the Supreme Court stated that the minimum age limit for Cagub and Cawagub as stated in Article 4 Paragraph (1) letter d of PKPU Number 9 of 2020 contradicts Law (UU) Number 10 of 2016 concerning Pilkada.
Previously, Article 4 Paragraph (1) letter d of PKPU 9/2020 reads, "The lowest age is 30 years for Candidates for Governor and Deputy Governor and 25 years for Candidates for Regent and Deputy Regent or Candidate Mayor and Deputy Mayor since the inauguration of the elected Candidate pair".
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The Supreme Court then turned it into, at least 30 years old for Candidates for Governor and Deputy Governor and 25 for Candidates for Regent and Deputy Regent or Candidate Mayor and Deputy Mayor since the inauguration of the elected Candidate pair.
The Supreme Court also ordered the KPU to revoke Article 4 Paragraph (1) letter d of PKPU Number 9 concerning the Candidacy for the Election of Governors and Deputy Governors, Regents and Deputy Regents, and/or Mayors and Deputy Mayors.
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