JAKARTA - The National Winning Team (TPN) Ganjar President assessed that the decision of the Constitutional Court (MK) had exceeded its authority. The institution is considered only entitled to state whether the existing laws are against the constitution or not.
This was conveyed by TPN GP spokesman Cyril hakim or Chico Hakim in response to the Constitutional Court's decision with Case Number 90/PUU-XXI/2023 which requested that the nomination requirements for presidential and vice-presidential candidates be at least 40 years old or experienced as regional heads, both at the provincial and district/city levels.
"When the Constitutional Court takes new material that is not listed in the subject material of the law being tested, namely the new provision that has or is currently serving as regional head, the Constitutional Court exceeds its authority as a state institution," Chico said at a press conference at the Media Center TPN GP, Menteng, Central Jakarta.
In addition, Chico also assessed that the Constitutional Court's decision even though it was final and binding did not have a legislative function. “ So what is decided is not automatic becomes law, "” he said.
“ DPR and the joint government must revise the Election Law according to the Constitutional Court's decision, ” continued the PDIP cadre.
Previously reported, the Constitutional Court granted a judicial review lawsuit Article 169 letter q of Law Number 7 of 2017 concerning General Elections regarding the age limit for 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.
"To try, grant the Petitioner's request in part," said Chief Justice of the Constitutional Court Anwar Usman when reading the verdict in the courtroom of the Constitutional Court building, Central Jakarta, Monday, October 16.
In his conclusion, the applicant has the legal standing to apply for the a quo. Then, the petitioner's petition reasoned according to the law in part.
"Declare Article 169 letter q of Law Number 7 of 2017 concerning General Elections (State Gazette of the Republic of Indonesia of 2017 Number 182, Supplement to the State Gazette of the Republic of Indonesia Number 6109) which states, "the lowest age is 40 years against the 1945 Constitution of the Republic of Indonesia and does not have binding legal force, as long as it is not interpreted as "the lowest age is 40 years or has been / is currently in the position elected through general elections including regional head elections," said Anwar Usman.
"So, Article 169 letter q of Law Number 7 of 2017 concerning General Elections reads 'the lowest age is 40 years or has been / is currently in the position chosen through general elections including regional head elections'," he continued.
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