Dream - Administrative Law Expert of the Islamic University of Indonesia (UII), Ridwan, stated that the nomination of Gibran Rakabuming Raka as a vice presidential candidate (cawapres) in the 2024 Presidential Election is legally invalid. Ridwan expressed this opinion as an expert brought in by the Anies-Muhaimin (AMIN) camp in the Presidential Election dispute hearing at the Constitutional Court (MK) on Monday, April 1, 2024.

"The nomination of Rakabuming Raka from the perspective of administrative law, I conclude that it is not valid," said Ridwan. Ridwan explained that the General Election Commission (KPU) opened the registration for presidential and vice presidential candidates from October 19th to 25th, 2023. At that time, Regulation of the General Election Commission (PKPU) number 19 of 2023 had not been repealed or amended."

Ridwan mentioned that the KPU (General Election Commission) only changed the age requirements for presidential and vice-presidential candidates after receiving Gibran's registration. The amended norm follows the decision of the Constitutional Court number 90 regarding the minimum age requirements for presidential and vice-presidential candidates. According to the Constitutional Court's decision, candidates for president and vice-president can be under 40 years old if they have previously or are currently serving as regional heads.

"KPU Regulation number 19 of 2023 has not been revoked, replaced, or modified, so therefore, the regulation that applies at that time is KPU Regulation number 19 of 2023 which requires the candidate to be at least 40 years old," he said. "So, at the time of registration, the person concerned is indeed not yet 40 years old," he added.

Ridwan added, Gibran's candidacy was accepted by the KPU with KPU Decision number 1362. He highlighted the consideration in the KPU Decision. According to him, in the consideration, there are still old regulations that are no longer relevant.

"Even though on November 13th, the KPU Regulation Number 19 of 2023 has been amended with the KPU Regulation Number 23 of 2023. 'However, the decision regarding the determination of election participant pairs was issued on November 13th. Meanwhile, the KPU regulation was amended on November 3rd as a consideration basis. That is not appropriate according to administrative law because it is no longer valid," he continued."

He assessed that this consideration concerns the matter of the decision maker's motivation. "It is about the issue of motivation, because the consideration of weighing is the motivation of the decision maker," he concluded. It is known that the Constitutional Court (MK) is holding another hearing for the presidential election dispute with the agenda of proving the petitioner by listening to the testimony of witnesses and experts, as well as the validation of additional evidence from the Anies-Muhaimin camp. Camp 01 presents 7 experts and 11 witnesses.