What Is Tracell Principle Regarding The Supreme Court's Decision On The Age Of Candidates For Regional Heads?

YOGYAKARTA The decision of the Supreme Court (MA) Number 23P/HUM/2024 regarding the age requirements for regional head candidates is said to be inconsistent with Pursuit Principles. So, what is Pursuel Principle?

It should be noted, In that decision, the Supreme Court ordered the KPU to change the PKPU so that the age limit for 30 was only set when the candidate was elected, not during the determination of candidates for the 2024 Pilkada.

The public also suspects that the Supreme Court's decision will pave the way for the Chairman of the Indonesian Solidarity Party (PSI) as well as the youngest son of President Joko Widodo (Jokowi), Kaesang Pangarep, to run in the 2024 simultaneous regional elections.

If Kaesang is registered as a participant in the 2024 Pilkada in November, it is likely that he will not pass the requirements because he is not even 30 years old.

However, if Kaesang wins the 2024 Pilkada and is sworn in in in 2024, then it is almost 30 years old and meets the latest regional head candidates.

In this regard, Gajah Mada University State Constitutional Law Expert, Yance Arizona said, judicial institutions should limit themselves to being involved in electoral political processes.

He added that reflecting on the United States, judicial institutions in Indonesia should also avoid being involved in the regulatory testing process that changes election rules or regional elections.

This is what is known as The Pursuell Principle. If you really have to make changes to the election/pilkada rules, the decision must be applied for the next implementation, not when the process or electoral stages are ongoing," he said.

Summarized from various sources, what is meant by Pursuel Principle is a presumption basis that opposes changing general election rules at the last moments before the election is held.

This principle stems from the total V Gonzalez case, in which the United States Supreme Court overturned the 9th Circuit Court of Appeals ruling which suspended the law on voter identification in Arizona during a part-time election in 2006.

Based on this principle, courts should not change election rules ahead of general elections or regional head elections, because they can confuse voters and create problems for officials managing elections.

TheTAIN Principle was later used as a reference in many lower court cases and the following few cases of the US Supreme Court. In addition, this principle was also adopted as one of the legal foundations of constitutional law.

Supreme Court Decision Number 23 P/PHUM/2024 concerning the terms of age for regional head candidates, is examined and tried by the Chairman of the Assembly led by Supreme Court Justice Yulius and Supreme Court Justice Bright Bangun and Supreme Court Justice Yodi Martono Wahyunadi sits as members of the Assembly.

The decision came from a lawsuit filed by the General Chairperson of the Indonesian Change Guard (Garuda) Ahmad Ridha Sabana. The lawsuit was processed in just three days, from 27 May and decided on 29 May 2024.

The decision amends the provisions of Article 4 paragraph (1) of the General Election Commission Regulation (PKPU) Number 9 of 2020. This article regulates the minimum age limit for regional head candidates, candidates for governor and deputy governor at least 30 years old. The regent and deputy regent candidates are at least 25 years old.

In the previous PKPU regulation, the age limit was calculated when determining the regional head candidate. The Supreme Court changed the time for calculating the age limit to be at the inauguration.