There Is An Opportunity For The Constitutional Court's Decision To Smooth Gibran Cawapres To Be Changed Again, But For The 2029 Election

Constitutional Court/PHOTO: Diah Ayu-VPI

JAKARTA - Chairman of the Honorary Council of the Constitutional Court (MKMK) Jimly Asshiddiqie said the Constitutional Court's decision which allowed regional heads not yet 40 years old to run as presidential and vice-presidential candidates was changed again.

Bearing in mind, there is currently a new application for judicial review of the Election Law regarding the age limit for presidential candidates (candidates) and vice presidential candidates (cawapres) submitted by an Unusia student named Brahma Aryana with case number 141/PUU-XXI/2023.

In this case, the applicant asked the Constitutional Court to correct the decision of the Constitutional Court pomor 90/PUU-XXI/2023. This decision smoothed Gibran Rakabuming Raka running as a vice presidential candidate in the 2024 presidential election.

"There is an opportunity for changes, but not by the Constitutional Court. But by the Constitutional Court itself. So that people don't think that the Constitutional Court is the Constitutional Court's constitutional court, so it's above the Constitutional Court. Well, that's not true either," said Jimly at the Constitutional Court Building, Tuesday, November 7th.

However, Jimly emphasized that the potential return of the presidential and vice presidential age limit rules in Article 169 letter q of the Election Law could not be applied in the 2024 General Election.

Because, currently, the 2024 election stages are already underway. In fact, the KPU has scheduled the proposal for a replacement presidential and vice presidential candidate pair from October 26 to November 8, 2023. Then, the candidate pair has been set for November 13, 2023.

If the application is accepted, then the new provisions that correct the Constitutional Court's decision, according to Jimly, can only be applied to the 2029 General Election.

"Of course, the game is already running. The rules of the game, if for example it is changed through the Constitutional Court's decision, apply to the next match in 2029. Now the match is running," explained Jimly.

Furthermore, Jimly admitted that his party could not change back or correct the Constitutional Court's decision regarding the age limit of the presidential and vice presidential candidates. Although, all constitutional judges receive sanctions.

Thus, the Constitutional Court's decision to allow regional heads not yet 40 years old to run as presidential and vice-presidential candidates is still valid.

"The Honorary Assembly is not authorized to assess the decision of the Constitutional Court, in the casu decision of the Constitutional Court Number 90/PUU-XXI/2023," said Jimly.