KPU will follow up on the Supreme Court’s Decision Regarding the Minimum Age for Inauguration

Member of the Indonesian General Election Commission (KPU), Idham Holik stated that the KPU will follow up on the Supreme Court (MA) Decision No.23P/HUM/2024, by amending the KPU Regulations (PKPU) regarding the Registration of Prospective Candidate Pairs in the Regional Head Election (Pilkada). The Indonesian KPU will communicate with the Ministry of Home Affairs (Kemendagri) and the Indonesian House of Representatives (DPR) to consult regarding the revision of the PKPU for Registration of Prospective Candidate Pairs in Pilkada, as well as the date of inauguration of selected candidate pairs (paslon). Based on Supreme Court Decision No. 23P/HUM/2024, the minimum age requirement is applied at the time of the inauguration of the selected candidate pair, not at the time the candidate pair is determined.

“We will convey that the KPU will follow up on the Supreme Court’s decision, because the Supreme Court’s decision is within the authority of the Supreme Court as regulated in Law No. 12/2011. “So, the Supreme Court’s decision is basically a legally binding product,” stressed Idham, in the discussion “Welcoming Simultaneous Regional Elections” broadcast by TVRI on Friday (7/6).

According to Idham, determining the date for the inauguration of elected regional head and deputy regional head candidates is the full authority of the government, in this case the Ministry of Home Affairs. Referring to the stage schedule set by the Indonesian KPU, the final deadline for determining the regional election results by the Provincial KPU is December 16 2024. After that, there is the potential for submitting a request to dispute the results to the Constitutional Court (MK).

“Indeed, in the last PKPU, the inauguration date was not included. Why have not yet? Because the date for the inauguration of the elected regional heads and district heads is entirely the authority of the government. “Well, later the Ministry of Home Affairs will determine when this inauguration will be held,” he said.

Regarding the KPU’s plan to follow up on the Supreme Court’s decision, Constitutional Law Lecturer at the University of Indonesia, Titi Anggraini, believes that the Supreme Court’s decision must indeed be followed up. However, in terms of the time frame, namely that the individual registration process is underway, the decision can only be implemented in the next regional elections.

“Considering that individuals have already submitted support requirements, which means, if this age reference is applied at the time of inauguration, there are many people who might have had the opportunity to advance as individuals, because when they were still of sufficient age, they would lose that opportunity, because of the submission of support to individual candidates. “It’s already passed,” concluded Titi, in the same discussion.

According to Titi, there is an opportunity to submit a material test regarding the meaning of candidates in Article 7 of the Regional Election Law No.10/2016 to the Constitutional Court. If there is a difference of opinion with the Supreme Court’s decision, this can cause friction in society.

“If it is tested and there are differences between what the Supreme Court and the Constitutional Court decide, then it must be anticipated by election organizers and stakeholders. Moreover, candidate registration is still quite long, August 27. “These things are very likely to cause friction in our society,” concluded Titi. []