Anwar Usman Not Involved In Making Constitutional Court Decisions Regarding Changing The Age Requirements For Regional Heads

Anwar Usman while serving as Chief Justice of the Constitutional Court who was finally fired from his position for violating serious ethics. (Between-Hafidz M)

JAKARTA - Constitutional Justice Anwar Usman did not participate in deciding the judicial review of Article 7 paragraph (2) letter e of Law Number 10 of 2016 concerning the election of governors, regents, and mayors, regarding the age requirements for regional head candidates in the Pilkada Law.

The explanation was conveyed by Constitutional Justice Arsul Sani when reading out the considerations of Decision Number 70/PUU-XXII/2024 at the Plenary Court Courtroom, Jakarta, Tuesday, August 20.

"This was conveyed by the Court so that all parties are not suspicious of the case examination process regarding the norms of Article 7 paragraph (2) Letter e of Law 10/2016," said Arsul Sani.

He explained, in a panel of judges' deliberation (RPH) meeting on July 17, 2024, Anwar Usman had said that he would not participate in deciding applications related to the terms of age for regional head candidates.

Then, the results of the RPH were submitted by the Court in a preliminary examination hearing with an agenda for improving the application on July 25, 2024.

In this case, the petitioners, namely A. Fahrur Rozi and Anthony Lee, both of whom are students, filed for disbelieving rights against Anwar Usman. They wanted Anwar with an awareness of resigning or not being included in examining and deciding the cases they submitted.

However, because Anwar Usman has stated that he will not participate in deciding the application related to age requirements, the Constitutional Court has decided that the application for rebuttal rights is no longer relevant.

"The petition for the applicant regarding the right to disloyal of Constitutional Justice Anwar Usman is considered irrelevant, so it must also be declared groundless according to law," said Arsul.

Furthermore, the Constitutional Court stated that it rejected Fahrur and Anthony's petition. According to the Constitutional Court, all applications are not legal.

"Reject the Petitioner's application in its entirety," said Chief Justice of the Constitutional Court Suhartoyo reading the verdict.

However, the Constitutional Court, in its legal considerations, emphasized that the requirements for the age of the regional head candidates must be met with a certain determination of the candidate pair by the KPU.

"As an organizer, the KPU has set a minimum age limit for regional head candidates and deputy regional head candidates in accordance with the minimum age limit stipulated in the law. With this regard, it is important for the Court to emphasize that the point or limit to determining the minimum age is carried out in the nomination process, which leads to the determination of regional head candidates and regional head candidates," said Deputy Chief Justice of the Constitutional Court Saldi Isra.

The Constitutional Court also gave an ultimatum to the KPU to follow legal considerations in this decision.

"If the organizers do not follow the considerations in the a quo Court's decision, as a judicial power holder authorized to resolve the dispute over the election results, regional head candidates and deputy regional head candidates who do not meet the terms and conditions, it has the potential to be declared invalid by the Court," said Saldi.