Not Only PSI, Garuda Party Lawsuit Regarding The Age Limit For Presidential And Vice Presidential Candidates Is Also Rejected By The Constitutional Court

JAKARTA - The Constitutional Court (MK) rejected the submission of a judicial review of Article 169 letter q of Law Number 7 of 2017 concerning General Elections regarding the age limit for presidential candidates (candidates) and vice presidential candidates (cawapres) proposed by the Garuda Party.

This was decided by the court after rejecting the judicial review lawsuit in the same article in the case filed by the Indonesian Solidarity Party (PSI).

"The verdict. Serving: rejecting the petitioners' requests in its entirety," said Chief Justice of the Constitutional Court Anwar Usman while reading the verdict at the Constitutional Court building, Central Jakarta, Monday, October 16.

In his petition, case number 51/PUU-XXI/2023 submitted by the Garuda Party asked the Constitutional Court to determine the age limit for the presidential and vice presidential candidates to remain 40 years or have experience as state administrators.

In other words, the Garuda Party asked the Constitutional Court to grant the age limit for presidential and vice-presidential candidates who have experience as state administrators.

Constitutional Court Judge Saldi Isra explained the opinion of the Court, if the requirements for presidential and vice-presidential candidates at least 40 years old are excluded for candidates who have experience as state administrators, this will actually lead to discrimination and injustice.

This is because the types of state administrators are very diverse, and as the top/highest position of executive power, the positions of the President and Vice President have different characteristics and even greater responsibilities compared to other state administrators.

"By not treating the same thing with something different or treating it differently against the same thing, according to the Court, it is not a form of discrimination. Moreover, the Petitioner's petition does not differentiate the position chosen and appointed, but only states for state officials without exception, so if equated it will actually lead to injustice," he explained.

It is known that case number 51/PUU-XXI/2023 was filed by the Secretary General and General Chair of the Garuda Party, namely Yohana Murtika and Ahmad Ridha Sabhana. Ahmad Ridha is known to be the younger brother of the DPD chairman of the Gerindra Party, Ahmad Riza Patria.