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The Constitutional Court’s decision regarding the age limit for presidential and vice presidential candidates disappointed the public because it was inconsistent


Jakarta – Needem Advisory Council, Titi Anggraini, said that her party and the public were very disappointed with the Constitutional Court’s decision which had no consistency regarding the lawsuit regarding the age limit for presidential and vice presidential candidates.

According to Titi, the Constitutional Court’s decision should consistently reject all claims regarding the age limit for presidential and vice presidential candidates, on the one hand not allowing ages under 40 but on the other hand allowing them as long as they have served or are currently serving as regional heads as a result of regional general elections.

“The Constitutional Court’s decision is the same as confusing the public with two different sides and does not reflect consistency as a Constitutional Court,” said Titi.

Titi’s opinion was in response to the decision of the Constitutional Court (MK) to grant lawsuit number 90/PUU-XXI/2023 regarding the minimum age of presidential candidates (capres) and vice presidential candidates (cawapres) in Law Number 7 of 2017 concerning Elections, Monday ( 10/16/2023).

The Court allows someone who is not yet 40 years old to run for president or vice president as long as they have experience as a regional head or other position chosen through general elections. This lawsuit was filed by a student at the Faculty of Law, University of Surakarta (Unsa) named Almas Tsaqibbirru. “Granted the petitioner’s request in part,” said Chief Constitutional Justice Anwar Usman at the decision reading session, Monday.

Meanwhile, Jentera Constitutional Law Expert, Bivitri Susanti, this decision further confirms the practice of nepotism. This criticism arose because the Chief Justice of the Constitutional Court, namely Anwar Usman, has a family relationship as President Jokowi’s brother-in-law.

“That’s true between the Chief Justice of the Constitutional Court and the only person under the age of 40 whose name is circulating (to run for the 2024 presidential election), namely Gibran,” said Bivitri.

Previously, in a discussion held by the Syndicate with the theme MK, Not Family Court: Throne, Power, Forgotten? 15/10/2023 in Jakarta, Political Observer who is also the Executive Director of Lingkar Madani/Lima, Ray Rangkuti said the issue of nepotism in politics and resistance to political dynasties has begun to appear.

“The public definitely thinks that the Constitutional Court’s decision is in Gibran’s interests. “If Gibran firmly refuses or accepts the offer to become vice presidential candidate, then this polemic would have ended some time ago,” he concluded.

On the same occasion, the Executive Director of YLBHI, Muhammad Isnur, assessed that the Constitutional Court was prone to losing credibility in protecting the constitution.

“Seeing the many problems that plague MK judges and MK decisions, the MK has tended to become a court of power,” explained Isnur.

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