Constitutional Court's Ruling: Presidential Age Limit Remains at 40 with Exception

TEMPO.CO, Jakarta - The Indonesian Constitutional Court upheld the minimum age requirement for presidential and vice presidential candidates at 40 but with an exception for those who have held or been elected as regional leaders.

The nine-judge panel headed by Chief Justice Anwar Usman released the ruling on Monday, October 16, 2023, in a petition No. 90/PUU-XXI/2023 filed by a student of Surakarta University, Almas Tsaqibbiru.

One of the judges, Guntur Hamzah, explained that the decision was made in light of several countries that have set the age limit for their leaders at under 40. “The global trend of leadership is moving towards younger ages, so within the bounds of reason, those under the age of 40 can hold positions as either president or vice president as long as they meet certain qualifications or the equivalent,” Guntur said.

He stated that changing the age limit for presidential and vice presidential candidates to under 40 could provide the widest opportunity for the younger generation to take part in the electoral constitution to be nominated as president and vice president. 

“Let alone if the requirement is not only placed on the age limit but also on the experience of having previously or currently held an elected position,” Guntur added.

Two of the nine judges had concurring opinions, namely Enny Nurbaningsih and Daniel Yusmic. Four other judges had dissenting opinions, namely Saldi Isra, Arief Hidayat, Wahiduddin Adams, and Suhartoyo.

The court’s ruling sparked controversy as it reportedly cleared the way for President Joko Widodo or Jokowi’s eldest son and Solo Mayor, Gibran Rakabuming Raka, who is 36, to run for vice president in the upcoming presidential election in February 2024.

ADE RIDWAN YANDWIPUTRA

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