The Association for Elections and Democracy (Perkumpulan untuk Pemilu dan Demokrasi or Perludem) believes that changing the age limits for presidential and vice-presidential candidates in the context of the ongoing 2024 Elections will lead to legal uncertainty. This was conveyed by Perludem as a Relevant Party in the Constitutional Court hearing for Case No. 29/PUU-XXI/2023, which is a judicial review of Article 169 letter q of Law No. 7/2017 on General Elections.
That the a quo petition has the potential to lead to legal uncertainty within the legal framework of the electoral process because it attempts to bring the Constitutional Court to declare a legal norm within the law that has no constitutional issue, to be declared constitutional by the Court, namely the minimum age regulation for presidential and vice-presidential candidates," stated Perludem researcher Kahfi Adlan Hafiz during the hearing on August 8th in Jakarta.
Kahfi pointed out that the petition to lower the age for presidential and vice-presidential candidates was made just before the registration phase for presidential and vice-presidential candidates for the 2024 Elections. Perludem's perspective is that this request deviates from the principles of a certain, clear, unambiguous legal framework that can be implemented by all stakeholders involved in the election process. This legal framework principle is one of the prerequisites for conducting elections in a fair and democratic manner.
Kahfi also reminded that the age requirements for presidential and vice-presidential candidates are a choice made by lawmakers. These requirements are also confirmed in other state officials that have various minimum age requirements.
That even if there is a will to change the age requirements and other aspects within the electoral legal framework, it should be done through a participatory legislative mechanism," he stated.
Perludem, as a Relevant Party, has a direct interest in this matter in line with its organizational mandate. One of Perludem's objectives is to advocate for the formation of better election laws. The petition to change the eligibility criteria for election participants in the midst of an ongoing election process has clearly created legal uncertainty and the potential to disrupt the election process.
Previously, the Indonesian Solidarity Party (Partai Solidaritas Indonesia or PSI) submitted a petition for a judicial review against Article 169 letter q of Law 7/2017. This provision states: "The requirements to become a presidential candidate and vice-presidential candidate are a minimum age of 40 (forty) years." In this Case 29/PUU-XXI/2023, PSI has asked the Constitutional Court (MK) to lower the minimum age requirement for presidential and vice-presidential candidates from 40 years to 35 years. []
NUR AZIZAH
Translated by Catherine Natalia
