Changes in Age Requirements for Presidential Candidates Have an Impact on Legal Uncertainty

Perubahan Syarat Usia Capres Cawapres Berdampak pada Ketidakpastian Hukum
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The Association for Elections and Democracy (Perludem) is of the view that the change in the age limit for presidential and vice presidential candidates (Capres and Cawapres) in the context of the ongoing 2024 Election will have an impact on legal uncertainty. This was conveyed by Perludem as a Related Party in the Constitutional Court hearing for case No. 29/PUU-XXI/2023, a material review of Article 169 letter q of Law Number 7/2017 concerning General Elections.

"The a quo petition will potentially have an impact on legal uncertainty regarding the legal framework for holding elections because it tries to attract the Constitutional Court to declare a legal norm that exists in a law that has no constitutional issues to be declared constitutional by the Court, namely setting a minimum age for a presidential candidate and cawapres," said Perludem researcher Kahfi Adlan Hafiz in court (Jakarta, 8/8).

Kahfi reminded the audience that the request to lower the age of the presidential and vice presidential candidates was made ahead of the Registration Stage for the 2024 Election Vice Presidential Candidates. The principle of this legal framework is one of the prerequisites for holding elections in a fair and democratic manner.

Kahfi also reminded us that the matter of the age requirement for the vice presidential candidate was the choice of the legislator. This requirement has also been confirmed in positions in other countries that have various minimum age requirements.

"Even if you want to change the age requirement and other aspects within the legal framework for elections, it should be done with a participatory legislative mechanism," he said.

Perludem, as a Related party, has a direct interest in this matter according to the organization's mandate. One of the objectives of the founding of Perludem was to encourage the formation of a better election law. The request for the requirements of election participants in the midst of the ongoing election stages has clearly created legal uncertainty and has the potential to impact the disruption of the election stages.

Previously, the Indonesian Solidarity Party (PSI) submitted a request for judicial review of Article 169, letter q, of Law 7/2017. This provision reads: Requirements to become a presidential candidate or vice presidential candidate are at least 40 (forty) years of age. In case 29/PUU-XXI/2023, PSI asked the Constitutional Court to lower the minimum age requirement for presidential and vice presidential candidates from 40 years to 35 years. []


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