Changes in Age Rules for Regional Head Candidates Create Legal Uncertainty

The Supreme Court (MA) Decision Number 23 P/HUM/2024 concerning the age limit for regional head candidates calculated at the time of inauguration is considered similar to the Constitutional Court (MK) Decision Number 90/2023 concerning the conditions for nominating presidential and vice presidential candidates. This decision was linked to President Joko Widodo’s son, Kaesang Pangarep, who is predicted to run for the 2024 regional elections.

“Why is this linked to Kaesang? “Because with this change, Kaesang, who will only be 30 years old in December 2024, can run for office,” said researcher at the Association for Elections and Democracy (Perludem), Kahfi Adlan Hafidz, in an online discussion entitled “Dynastic Politics and the Supreme Court’s Decision: What is the Public and Media Response?” (14/6).

In its decision, the Supreme Court determined that the age of a candidate for governor or deputy governor is calculated from the time the elected candidate pair is inaugurated, not from the date the candidate pair is determined, as regulated in General Election Commission Regulation (PKPU) Number 9 of 2020. Based on the PKPU, a candidate for governor or deputy governor must be at least 30 years old, and candidates for regent or deputy regent and mayor or deputy mayor must be at least 25 years old at the time of determining the candidate pairs.

Kahfi assessed that changing regulations in the middle of the regional election stages created legal uncertainty. Apart from that, the Regional Election Law states that candidates for governor and deputy governor must be at least 30 years old when they want to run for office. If they are only 30 years old when elected, then this is contrary to existing provisions.

“If the Supreme Court’s decision changes the PKPU, which is at a level below the law, then the Supreme Court’s decision must be in accordance with the Regional Election Law. “If it conflicts, the KPU can ignore the decision and follow the Regional Election Law,” explained Kahfi.

The PKPU, which regulates the age limit for nominations for regional heads, is currently being discussed further by the KPU. Kahfi hopes that the KPU will make decisions in accordance with the Regional Election Law to avoid polemics and legal uncertainty in the 2024 Regional Election.

“We invite everyone to encourage the Judicial Commission to follow up on regulatory issues regarding judicial power and seriously examine the Supreme Court judges who make decisions,” he stressed. []