Rumah Pemilu Indonesia Election Portal
On April 22, 2024, the Indonesian Republican Guard Party (Garuda) submitted a request for a judicial review of Article 4 paragraph (1) letter d of General Election Commission Regulation (PKPU) No. 9 of 2020 concerning the Fourth Amendment to PKPU Number 3 of 2017 concerning Nominations for the Election of Governor and Deputy Governor, Regent and Deputy Regent, and/or Mayor and Deputy Mayor to the Supreme Court (MA). On May 20, 2024, the Supreme Court decided in Decision No. 23P/HUM/2024 that the KPU cancel the PKPU and change the minimum age requirement of 30 years at the time of determining the candidate pair (paslon) for governor and deputy governor to that at the time of the inauguration of the elected candidate pair.
Regarding the Supreme Court’s decision, the Association for Elections and Democracy (Perludem) encouraged the KPU not to implement it. This decision is contrary to Regional Election Law No. 10/2016. The KPU is given the mandate to carry out its duties based on the Regional Election Law.
“The Regional Election Law has not changed. That is what the KPU relies on in making its technical regulations. Even though in this decision the Supreme Court canceled PKPU, But the KPU is in the process of making new technical regulations. “So, the KPU does not need to implement this Supreme Court decision,” concluded the Executive Director Perludem, Khoirunnisa Nur Agustyati in the online discussion “Criticizing the Supreme Court’s Decision regarding the Age of Regional Head Candidates” which was broadcast via the KBR News YouTube account, Wednesday (5/6).
Khoirunnisa explained that Article 7 letter E of the Regional Election Law No. 10 of 2016 regulates the minimum age requirement as a candidate requirement. Supreme Court Decision No. 23P/HUM/2024 confuses the requirements for candidates with the requirements for inauguration in the Pilkada.
“So, we see that the Supreme Court has mixed up the requirements for candidates to become regional heads with the requirements for the inauguration of elected regional head candidates,” he said.
According to Khoirunnisa, challenging the candidate requirements in the Regional Election Law must be done to the Constitutional Court, not to the Supreme Court. The substance of the material test submitted by the Garuda Party to the Supreme Court is a material test of the candidate requirements contained in the Regional Election Law. The KPU was asked not to implement Supreme Court Decision No. 23P/HUM/2024.
“The KPU has had experience not implementing Supreme Court decisions. The last one is about affirming women on the list of candidates. That’s clearly against the law. It just doesn’t work. “Well, especially if the Supreme Court’s decision is wrong,” said Khoirunnisa. []
