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KBRN, Jakarta: Perludem Program Manager Fadli Ramadhanil highlighted the Supreme Court’s decision to change the age limit calculation for regional head candidates. According to him, the Supreme Court’s decision cannot necessarily be directly implemented by the KPU, because the Supreme Court’s decision is contrary to the Pilkada Law.

“Because what was canceled by the Supreme Court was the KPU regulation. While the KPU regulation refers to the provisions of the Pilkada Law, what the Supreme Court decided is not in accordance with the Pilkada Law,” Fadli said in a conversation with Pro3 RRI, Thursday (20/6/2024).

According to him, the Supreme Court’s decision is not ideal and undemocratic and has no legal certainty. Because the election stages are currently underway, namely, the process of nominating governors, regents and mayors as well as individual candidates has begun.

“While there are efforts from a handful of people to use the Supreme Court on this crucial issue. This is not right,” he said.

For this reason, he said, the process of submitting a judicial review of the Pilkada Law at the Constitutional Court (MA) was carried out. With this judicial review, it is hoped that there will be a bright spot regarding this issue.

“Then the Supreme Court can say that the age requirement in the regional head candidate requirement clause. It applies when the regional head candidates register,” he said.

He said, for someone who registers to become governor, when he registers, he is 30 years old. Meanwhile, for those who register for regent / mayor, they are 25 years old.

“Beyond that is not eligible,” he said. The panel of judges at the Supreme Court has granted a judicial review request from the Garda Republik Indonesia Party (Garuda Party).

Regarding the regulation on the minimum age limit for regional head candidates in regional head elections (pilkada). The petition was granted in Decision Number 23 P/HUM/2024, which was decided on May 29, 2024.

In the Supreme Court’s decision, it was decided that the determination of the minimum age limit for regional head candidates counts since the inauguration of the candidate pair. Which is the final stage of the election process.

Meanwhile, in the previous regulation contained in Article 4 paragraph (1) letter d of the Indonesian KPU Regulation (PKPU) Number 9 of 2020. The minimum age limit is calculated since the regional head candidate is determined as a Candidate Pair by the KPU, or at the initial stage of the regional election process.

In this decision, the Supreme Court stated that Article 4 paragraph (1) letter d of KPU RI Regulation (PKPU) Number 9 of 2020 is contrary to higher laws and regulations, namely Law (UU) Number 10 of 2016.


This article was published on RRI.co.id with the title “Perludem Highlights Supreme Court Decision Regarding Cakada Age Limit”, https://rri.co.id/pemilu/767827/perludem-soroti-putusan-ma-terkait-batas-usia-cakada