MK Refuses To Lower The Age Limit For Candidates For Regional Heads

Constitutional Court (Irvan Meidianto / VOI)

JAKARTA - The Constitutional Court (MK) rejected the lawsuit filed by Faldo Maldini and Tsamara Amany from PSI regarding the minimum age for registration of candidates for regional head. As a result, they cannot advance in the upcoming 2020 Pilkada.

"On trial, rejecting the petitioners in their entirety," said panel chairman Anwar Usman in his verdict, Wednesday, December 11.

The application for judicial review submitted is in the form of Law Number 10 of 2016 concerning the second amendment to Law Number 1 of 2015 concerning the stipulation of Government Regulations in Lieu of Law Number 1 of 2014 concerning Elections for Governors, Regents and Mayors, in particular Article 7 paragraph (2) letters e.

As for Article 7 paragraph (2) letter e, it reads, "At least 30 (thirty) years of age for Candidates for Governor and Candidates for Deputy Governor and 25 (twenty five) years for Candidates for Regent and Candidate for Deputy Regent as well as Candidates for Mayor and Candidate for Deputy. Mayor."

According to the Petitioner, the regulation contradicts Article 18 paragraph (4) of the 1945 Constitution which states that regional heads are elected democratically. Not only that, the regulation is also considered contrary to Article 28D paragraph (1) of the 1945 Constitution which states that everyone has the right to equal treatment.

Therefore, the petitioners asked the Constitutional Court to lower the minimum age limit for candidates for regional head to 21 years, such as the minimum age limit for candidates for legislative members.

In their consideration, members of the Panel of Judges I Dewa Gede Palguna explained that the applicant's explanation that the age limit setting was a violation of civil and political rights, was legally groundless.

"This is because the fulfillment of the right to equal treatment before the law and government is guaranteed by the constitution," Palguna explained.

According to him, filling a certain position does not mean eliminating the requirements or restrictions rationally required by that position. In fact, these restrictions are in line with the 1945 Constitution.

"Such restriction is in line with Article 28 letter j paragraph (2) of the 1945 Constitution," added judge MK Palguna.

If calculated, Faldo Maldini's age is still less than 1 year to run for regional head. Likewise with his colleague Tsamara Amany who is still 23 years old, so that at the time of the determination of the candidate for governor on July 8, 2020, the PSI politician was not yet 25 years old.