Constitutional Court Rejects Lawsuit on Lowering the Age of Presidential and Vice Presidential Candidates to 35 Years

MK Rejects Lawsuit Regarding Presidential and Vice Presidential Candidates' Age Lowered to 35 Years

Constitutional Court Rejects Lawsuit on Lowering the Age of Presidential and Vice Presidential Candidates to 35 Years

Dream - The Constitutional Court (MK) rejected the constitutional review lawsuit regarding the minimum age limit for presidential candidates (capres) and vice presidential candidates (cawapres) in Law Number 7 of 2017 concerning Elections submitted by PSI. The minimum age of 40 years old remains a requirement for capres and cawapres.

"Rejecting the applicants' request in its entirety."
The translation of the given 'Bahasa' text to 'English' while preserving any HTML tags is as follows: "words Chairman of the Constitutional Court, Anwar Usman, during the reading of the verdict in the Constitutional Court Building, Central Jakarta, Monday, October 16, 2023."

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"Realm of Law Formation"

"The court opines that the determination of the minimum age for presidential and vice presidential candidates is within the realm of legislation. "In this case, the court cannot determine the minimum age limit for presidential and vice presidential candidates because there may be dynamics in the future," said Judge Saldi Isra."

Article 169 letter q of Law Number 7 of 2017 concerning Elections itself states, "The requirements to become a presidential candidate and vice presidential candidate are: at least 40 (forty) years old."

"Reject PSI's Argument"

"In his consideration, Judge MK Arief Hidayat traced the formation of the 1945 Constitution regarding the age requirements for presidential\/vice presidential candidates. In that sequence, it was included as a policy domain for the law makers. MK also rejected PSI's argument regarding Prime Minister Sjahrir who was under 40 years old. 'Because it is not a habit or convention,' said Arief Hidayat."

"There is no correlation"

MK also rejects PSI's argument about ministers having no minimum age when becoming Triumvirate. "There is no correlation with the absence of ministerial regulations, as the matter of ministers is the prerogative of the president," said Arief Hidayat.

As information, the material test of the minimum age limit for presidential and vice presidential candidates is proposed by several applicants. Case number 29/PUU-XXI/2023 was filed by PSI cadre Dedek Prayudi on March 16, 2023, who requested that the minimum age limit for presidential and vice presidential candidates be returned to 35 years. PSI considers the current provision discriminatory. In addition to PSI, this lawsuit is requested by several cadres of the party with the symbol of a rose, namely Anthony Winza Probowo (Applicant II), Danik Eka Rahmaningtyas (Applicant III), Dedek Prayudi (Applicant IV), and Mikhail Gorbachev (Applicant V). They consider the age limit of 40 years to be contrary to "morality and rationality" because it generates seeds of discrimination as stated in Article 28D paragraph (3) of the 1945 Constitution.

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