Bawaslu Wait For The KPU's Follow-up On The 2024 Election Age Limit Decision

The Office of the Jakarta Election Supervisory Agency (Bawaslu) (ANTARA)

The Election Supervisory Agency (Bawaslu) is waiting for the follow-up of the General Elections Commission (KPU) regarding the decision of the Supreme Court (MA) to grant the minimum age lawsuit for regional head candidates. This was conveyed by Bawaslu member Lolly Suhenty in Nusa Penida, Klungkung, Bali.

"In this context, we are waiting for the follow-up, what will the KPU do when this decision has been declared final and binding," said Lolly, as quoted by ANTARA.

He said Bawaslu would respect all decisions issued by the Supreme Court. The reason is, Bawaslu is the supervisor of the implementation of the 2024 Simultaneous Pilkada.

"So of course we will respect it as something that must be carried out by Bawaslu," he explained.

In addition, Lolly admitted that there had been no communication from the KPU to Bawaslu regarding the plan to change KPU Regulation (PKPU) Number 3 of 2017 concerning the Candidacy for the Election of Governor and Deputy Governor, Regent and Deputy Regent, and/or Mayor and Deputy Mayor.

"There is no communication about this, because everything has become a public discourse," he said.

Previously, KPU member Idham Holik admitted that he had not received the Supreme Court (MA) decision file which ordered the lifting of the rules regarding the minimum age limit for regional head candidates.

"In the context of legal certainty principles, the KPU must wait for the decision file in question to be officially published by the Supreme Court," said Idham when contacted from Jakarta, Thursday last week.

For information, the Supreme Court granted the request for a judicial review of the Garuda Party (Garuda Party) regarding the minimum age limit for regional head candidates. The decision was contained in Decision Number 23 P/HUM/2024 which was decided by the Supreme Court Panel of Judges on Wednesday, May 29, 2024.

"Granted the application for objection to the judicial rights of the Petitioner of the Garuda Republic of Indonesia Party (Garuda Party)," reads the verdict as quoted from the official website of the Supreme Court in Jakarta, Thursday.

In the decision, the Supreme Court stated that Article 4 paragraph (1) letter d of the Indonesian KPU Regulation (PKPU) Number 9 of 2020 concerning the nomination of the election of governors and deputy governors, regents and deputy regents, and/or mayors and deputy mayors contrary to higher laws and regulations, namely Law (UU) Number 10 of 2016.

The Supreme Court also stated that the article in the KPU regulation did not have legal force as long as it did not mean '...aged at least 30 (threety) 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 pair of candidates were elected'.

It is known, the article states that Indonesian citizens (WNI) can become governor and deputy governor candidates by meeting the requirements for the lowest age of 30 years from the time the candidate pair is determined. With the granting of the Garuda Party's request, there will be changes to the minimum age and age calculation requirements for candidates.

In its consideration, the Supreme Court argues that the age counting for prospective state administrators, including regional head candidates, must be calculated from the date of their inauguration or shortly after the end of the candidate's status as a candidate, both as a candidate for registrant, a candidate pair and a elected candidate.

According to the judiciary, if the age counting point for regional head candidates is limited to only when the candidate pair is determined, then there is a potential loss for citizens or political parties who cannot nominate themselves or nominate candidates for regional heads who will only reach the age of 30 for governors/deputy governors and 25 years for regents/deputy regents when they have passed the stage of determining candidate pairs.

In addition, the Supreme Court also believes that the Administrative Law Number 10 of 2016 is not only intended for the KPU as the election organizer, but also for all citizens who have the right to nominate and be nominated.