KPU Chairman Reluctant To Comment On The Supreme Court's Decision On The Age Limit For Candidates For Regional Heads

Chairman of the Indonesian KPU Hasyim Asy'ari when giving a statement to reporters regarding the Supreme Court's decision at the Indonesian KPU Office, Jakarta, Monday (3/6/2024). (ANTARA/Narda Margaretha Sinambela)

Chairman of the General Election Commission (KPU) Hasyim Asy'ari was reluctant to comment on the decision of the Supreme Court (MA) which granted the lawsuit for the minimum age limit for regional head candidates in the 2024 Pilkada.

"I'm sorry, I haven't commented yet," said Hasyim as quoted by ANTARA, Monday, June 3.

Previously, Thursday (30/5), RI KPU member Idham Holik admitted that his party had not received the Supreme Court's 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 final decision to be officially published by the Supreme Court," said Idham.

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 for governors and deputy governors, regents and deputy regents, and/or mayors and deputy mayors is 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 (twenty) 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 reads that Indonesian citizens (WNI) can become candidates for governor and deputy governor 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 limit and the candidate's age counting point.

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.