Indonesian constitutional court upholds minimum age requirement for presidential candidates

INDONESIA: The Constitutional Court has issued a decisive ruling in response to a lawsuit challenging the minimum age requirements for presidential and vice presidential candidates outlined in Law Number 7 of 2017 concerning Elections.

Chief Justice Anwar Usman, leading a panel of nine judges, rejected the petition seeking to reduce the age requirement from 40 to 35 years and to permit candidates with civil service experience to run for the highest offices.

This lawsuit, which was brought forth by members of the Indonesian Solidarity Party (PSI), was officially dismissed.

The announcement of the court’s decision occurred at the Constitutional Court Building in Central Jakarta on Monday (16 Oct)

Chief Justice Anwar Usman declared, “Rejecting the petitioners’ request in its entirety.”

The Court emphasized that establishing the minimum age for presidential and vice presidential candidates falls under the purview of the legislative branch, allowing for potential adjustments in the future.

According to Article 169, letter q, of Law Number 7 of 2017 concerning Elections, presidential and vice presidential candidates must be at least 40 years old.

The case was initiated by PSI member Dedek Prayudi on 16 March 2023, with the aim of reverting the age requirement for presidential and vice presidential candidates to 35 years, asserting that the current regulations were discriminatory.

Alongside Dedek, several other PSI members, including Anthony Winza Probowo, Danik Eka Rahmaningtyas, and Mikhail Gorbachev, joined in the lawsuit.

This case is not the sole instance concerning age requirements for presidential and vice presidential candidates.

Notably, The Garuda Party, in a noteworthy move, challenged the existing regulations by proposing that state administrative experience be considered an alternative requirement alongside the established 40-year age minimum for presidential and vice presidential candidates.

However, the Constitutional Court ultimately dismissed the Garuda Party’s request, maintaining that individuals below the age of 40, even with state administrative experience, could not be eligible to run for the presidential or vice presidential positions.

Furthermore, on 17 May 2023, Deputy Governor of East Java Emil Dardak, Mayor of Bukittinggi Erman Safar, and Deputy Regent of South Lampung Pandu Kesuma Dewangsa raised a similar argument as the Garuda Party.

This ruling was delivered just four days before the registration period for presidential and vice presidential candidates was scheduled to begin, set by the General Election Commission of the Republic of Indonesia from 19 October 19 to 25 October 25 2023.

The judges underscored that determining the age limit for presidential and vice presidential candidates is a matter for legislators and found the petition to be legally insufficient.

Consequently, the General Election Commission continues to adhere to the current provisions in the Election Law, maintaining the minimum age requirement for presidential and vice presidential candidates at 40 years.