Reasons For The Constitutional Court To Decide Regional Heads Under 40 Years Old Can Still Be Presidential And Vice Presidential Candidates

DOK ANTARA

JAKARTA - The Constitutional Court (MK) granted a judicial review lawsuit Article 169 letter q of Law Number 7 of 2017 concerning General Elections regarding the age limit of presidential and vice presidential candidates aged at least 40 years proposed by a UNS student named Almas Tsaqibbirru Re A.

The case Number 90/PUU-XXI/2023 requested by Almas asked the Constitutional Court to change the nomination requirements for presidential and vice presidential candidates to the lowest age of 40 years or experience as regional heads, both at the provincial and district/city levels.

In reading his considerations, Judge MK Guntur Hamzah explained that there was an addition of one alternative requirement that was allowed to be the presidential and vice presidential candidates even though they were not yet 40 years old, namely having or currently serving as regional heads as election results.

"There are two entrances in terms of age requirements in the norms of Article 169 letter q Law 7/2017, namely 40 years old or having/serving office elected through elections. Fulfillment of one of the two conditions is valid and constitutional," said Guntur in the courtroom. Building of the Constitutional Court, Central Jakarta, Monday, October 16.

According to Guntur, these two entrances to this requirement will not harm the presidential and vice presidential candidates aged 40 years and over.

This is because the age requirements in the presidential and vice presidential candidates must be based on the principle of providing opportunities and eliminating restrictions (to give opportunity and abolish restriction) rationally, fairly, and accountably.

"The principle of giving opportunities and eliminating restrictions must be applied by way of opening up a wider, fair, rational, and accountable contest space to the nation's best sons, including the millennial generation while at the same time weighting fair legal certainty within the framework of a living constitution," explained Guntur.

"Thus, if one of the two conditions is met, then an Indonesian citizen must be seen as fulfilling the age requirements to be proposed as a presidential and vice presidential candidate," he continued.