MK Tolak Gugatan Syarat Usia Capres-Cawapres, Gibran Tetap Bisa Ikut Pilpres

MK Rejects Presidential and Vice Presidential Age Requirement Lawsuit, Gibran Still Eligible to Participate in Presidential Election

Dream - The Constitutional Court (MK) has decided to reject the lawsuit against Article 169 letter q of Law Number 7 of 2017 concerning General Elections (Pemilu), which regulates the age limit for presidential and vice-presidential candidates. Article 169 letter q of Law Number 7 of 2017 concerning Pemilu, as interpreted in Constitutional Court Decision Number 90/PUU-XXI/2023, states, "at least 40 years old or having held or currently holding a position elected through general elections, including regional head elections."

As for this lawsuit, it was filed by Brahma Aryana, a student of the Faculty of Law at Nahdlatul Ulama University in Indonesia. In the verdict, Chairman of the Constitutional Court Suhartoyo, along with eight Constitutional Court judges, rejected case number 141/PUU-XXI/2023.

"Judging, in provision, declares that the provision request cannot be accepted. In the main request, rejects the request in its entirety."
Suhartoyo's words when reading the verdict, Wednesday, November 29, 2023.

"dream.co.id"

"In one of its considerations, the Constitutional Court (MK) argued that Decision 90 is final and has legal force since it was pronounced in an open plenary session for the public. This is also supported by the Decision of the MK Honorary Council (MKMK) Number 2/2023, which is considered by the MK to affirm the final and binding nature of the decision."

"Thus, the petitioner's argument regarding decision 90/PUU-XXI/2023 is considered legally unfounded in its entirety. The Constitutional Court deems it appropriate for this matter to be entrusted to the legislative body to assess and decide. As for case number 141/PUU-XXI/2023, it was filed by Brahma Aryana, a student from Nahdlatul Ulama Indonesia University (UNUSIA), along with his legal representative Viktor Santoso Tandiasa."

"He explained that the applicant in case number 90 argued that Article 169 letter q of Law 7/2017 regarding Elections contradicts his constitutional rights. Meanwhile, he assessed that this opinion is not correct because constitutional rights should not be used as the basis for testing the norms of the article."

He questions the constitutionality of the phrase "who are elected through general elections, including regional head elections," which is said to lack legal certainty at what level of position is meant.

"Only Governors Under 40 Years Old"

"In his petitum, Brahma requests that only governors under the age of 40 be eligible to run for president/vice-president, and that this does not apply to local heads below the governor level."

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MK Rejects Presidential and Vice Presidential Age Requirement Lawsuit, Gibran Still Eligible to Participate in Presidential Election

"Judging, in provision, declares that the provision request cannot be accepted. In the main request, rejects the request in its entirety."Suhartoyo's words when reading the verdict, Wednesday, November 29, 2023.

"Only Governors Under 40 Years Old"

"Judging, in provision, declares that the provision request cannot be accepted. In the main request, rejects the request in its entirety."
Suhartoyo's words when reading the verdict, Wednesday, November 29, 2023.