PSI Disappointed MK Rejects Lawsuit For The Age Limit Of Presidential And Vice Presidential Candidates To 35 Years

Illustration of the Constitutional Court (MK). (Antanews)

JAKARTA - The Indonesian Solidarity Party (PSI) expressed its disappointment with the decision of the Constitutional Court (MK) which rejected the judicial review regarding the presidential and vice presidential age limit to 35 years.

This was stated by the Director of the PSI Legal Aid Institute! Widjojo after attending the trial of reading the verdict on the case filed by PSI with number 29/PUU-XXI/2023.

"Although we are disappointed, yes, of course because the application was rejected, however, we really appreciate the decision from the Constitutional Court," said God willing at the Constitutional Court Building, Monday, October 16.

PSI spokesman, Mikhail Gorbachev Dom added, his party appreciates the dissenting opinion or different opinion from the Constitutional Court Judge Guntur Hamzah, who considers it necessary to consider the development of the dynamics of needs in the administration of government and state administration, one of which is related to the age limit policy for presidential and vice-presidential candidates.

"Earlier, in the dissenting opinion of Mr. Guntur, it was stated that people who have mastered the country's leaders can have more credibility because they are considered to have been elected by the people, so it will be easier to become head of state," said Mikhail.

He views that the age of presidential and vice presidential candidates from 35 to 40 years is a category of age that is both adults. So, the failure to grant this age limit, according to him, is discrimination of the age group.

"This is also a setback, yes, that actually through the law two UUs had previously decided 35 years, but suddenly it was raised again to 40 years. So this is a setback that PSI does not want," he explained.

The Constitutional Court (MK) officially issued a judicial review decision on Article 169 letter q of Law Number 7 of 2017 concerning General Elections regarding the age limit of presidential candidates (candidates) and vice presidential candidates (cawapres) proposed by the Indonesian Solidarity Party (PSI).

The decision numbered case 29/PUU-XXI/2023 which essentially requested that the presidential and vice presidential age clause be changed to a minimum of 35 years in the article. As a result, the Constitutional Court Judge refused to grant the lawsuit.

"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.

Anwar said, based on the assessment of the facts and laws as outlined above, it was concluded that the court was authorized to try the a quo application, the applicants had the legal standing to apply for the a quo, and the main petition for the applicants was not legally justified in its entirety.

In its considerations, the court stated that based on the full description of the above legal considerations, the norm of Article 169 letter q of Law 7/2017 as long as it is not interpreted as "aged at least 35 years" has not violated the right to equal standing in law and government, the right to recognition, guarantee, protection, and fair legal certainty as well as equal treatment before law, as well as the right to obtain equal opportunities in government as guaranteed in Article 27 paragraph (1) and Article 28D paragraph (1) and paragraph (3) of the 1945 Constitution.

"Thus, the arguments of the petitioners are that there is no validity according to the law in its entirety," explained Judge MK Saldi Isra.