Rumah Pemilu Indonesia Election Portal
The Association for Elections and Democracy (Perludem) believes that the Supreme Court (MA) has failed to interpret the minimum age requirements for regional head candidacy. For this reason, Perludem encouraged the Judicial Commission to conduct an examination of the panel of judges tasked with material review cases regarding the minimum age limit for regional head candidates.
Tulisdem considers that the Supreme Court, through Decision Number 23 P/HUM/2024, has mixed up the conditions for nominating regional heads and the conditions for inaugurating regional head candidates. Even though these two things have different legal consequences, especially the Regional Election Law, which does not recognize any inauguration requirements for elected candidates,.
“If we examine the requirements for becoming a regional head candidate, which are expressly regulated in Chapter III of Law 10/2016, then it should not be interpreted differently from the meaning of Article 7 letter E, which is included in the nomination requirements,” wrote Perludem in a press release (30/5).
The Supreme Court granted the request for the Right to Material Review (HUM) requested by the Chairman of the Garuda Party, Ahmad Ridha Sabanai, against the General Election Commission (KPU). In its legal considerations, the Supreme Court is of the view that Article 4 Paragraph (1) letter d PKPU Number 9 of 2020 concerning Nominations in Regional Elections is contrary to Law Number 10 of 2016 concerning the Election of Governors, Regents, and Mayors.
Tulisem also views that the Garuda Party’s efforts to test Article 4 paragraph (1) letter d PKPU 9/2020 are similar to the Constitutional Court Decision Number 90/PUU-XXI/2023 concerning the age requirements for presidential and vice presidential candidates. Moreover, the Garuda Party is seen as forcing the petition’s arguments, especially regarding the status of the blood chief candidate.
“So the provisions of Article 7 letter e of Law 10/2016 should be interpreted as conditions that must be fulfilled by a person to obtain regional head candidate status and must be fulfilled when the person concerned is appointed as a regional head candidate,” he explained.
Previously, KPU Regulation (PKPU) Number 9 of 2020 stipulated that the minimum age requirement for candidates for governor and deputy governor was 30 years when they were appointed as candidates for regional elections. Meanwhile, the age limit for candidates for regent or mayor and their deputies is 25 years when the KPU determines them as participants.
“The KPU cannot follow up on this decision because its nature causes the change in the phrase of the a quo article to be in conflict with the provisions of the Regional Election Law,” Perludem emphasized. []
