Constitutional Court to Hold Hearing on Judicial Review of Presidential Age Limit Today
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8 November 2023 11:57 WIB
TEMPO.CO, Jakarta - The Constitutional Court (MK) was scheduled to hold the first hearing on the judicial review of the minimum age limit for presidential and vice presidential candidates today, Nov. 8, 2023. The review was filed by a student of the Indonesian Nahdlatul Ulama University (Unusia), Brahma Aryana, on Oct. 23.
This hearing was held just one day after the Ethics Council of the Constitutional Court (MKMK) removed Anwar Usman from his position as Chief Justice for violating the code of ethics and conduct in issuing the ruling on the presidential age limit.
“Yes, [it’s scheduled] at 13:30 (Jakarta time),” Brahma told Tempo in a short message today. The case was listed in the court calendar on the MK's official website under the number 141/PUU-XXI/2023.
The agenda is a preliminary examination for the judicial review of Law No. 7 of 2017 concerning General Elections or Election Law.
Brahma said he filed the motion because there is still legal uncertainty regarding the Constitutional Court's decision on the age requirements for presidential and vice presidential candidates on October 16, 2023. The court, headed by Anwar Usman, upheld the minimum age requirement of 40, but with an exception for those who have held or hold a position elected through general elections, including regional head elections.
“In my opinion, the phrase has multiple interpretations as it raises the question, of at what level the election is. [People in] the DPR, DPD, and DPRD also go through elections,” Brahma said, adding that if it means any election, then the effective age limit for presidential and vice-presidential candidates will be 21 years, following the minimum age limit for members of the district or city council.
Brahma also questioned the composition of the judges deciding on the case. He argued that only three judges granted the case, while the Constitutional Court’s decision should have been approved by at least five judges in order to have a quorum.
Brahma hoped that the Constitutional Court could quickly rule on the case as the General Elections Commission (KPU) would soon announce the pairs of candidates for the 2024 presidential election.
In response to the judicial review motion, the MKMK chairman Jimly Asshiddiqie said the lawsuit was very creative. “Is this allowed? The answer is yes,” he said in the MK Building I, Jakarta, Wednesday, Nov. 8. However, Jimly said the court's decision could not be applied to the 2024 election.
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