Supreme Court Decision: Age Limit for Regional Head Candidates Calculated at Inauguration

The Supreme Court (MA) granted the lawsuit of Garuda Party Chairman Ahmad Ridha Sabana regarding the minimum age limit for candidates for governor (Cagub) and deputy governor (Cawagub). Through Decision Number 23 P/HUM/2024, the Supreme Court changed the minimum initial requirement for cagub-cawagub to be 30 years old from the time they are appointed as candidates to after inauguration.

“The ruling grants the HUM (Right to Material Review) request,” reads the ruling Number 23 P/HUM/2024, quoted from a copy of the decision (30/5).

In its considerations, the Supreme Court is of the view that Article 4 Paragraph (1) letter d of General Election Commission Regulation (PKPU) Number 9 of 2020 concerning Nominations for the Election of Governor and Deputy Governor, Regent and Deputy Regent, and/or Mayor and Deputy Mayor is contrary to the Regional Election Law. According to the Supreme Court, Article 4 PKPU Number 9 of 2020 does not have binding legal force as long as it is not interpreted as a minimum age of 30 years for gubernatorial elections and 25 years for gubernatorial elections starting from the inauguration of the elected candidate pair.

On that basis, the Supreme Court asked the General Election Commission (KPU) to revoke Article 4 Paragraph (1) letter d PKPU Number 9 concerning Nominations for the Election of Governor and Deputy Governor, Regent and Deputy Regent, and/or Mayor and Deputy Mayor. Thus, a person can nominate as a candidate for governor-cawagub if he is at least 30 years old and as a candidate for regent-deputy regent or candidate for mayor-deputy mayor if he is at least 25 years old when appointed, not when appointed as a candidate pair.

For information, the 2024 simultaneous regional elections will be held in 545 regions, consisting of 415 districts and 93 cities in 37 provinces. Voting will be held on November 27, 2024, and registration of candidate pairs will begin on August 27, 2024. Meanwhile, the inauguration of the selected candidate pairs is expected to be in January 2025, depending on the process of dispute over the regional election results. []