The Constitutional Court’s decision regarding the age limit for presidential and vice presidential candidates is considered to violate the authority and principles of democracy
The Constitutional Court announced a decision regarding the review of Article 169 letter q in Law Number 7 of 2017 concerning General Elections regarding the minimum age limit for becoming a presidential candidate (capres) and vice presidential candidate (cawapres).
Based on the results of the decision, the Constitutional Court rejected the request for a complete judicial review of the age limit for presidential and vice-presidential candidates, so that the age limit for presidential and vice-presidential candidates remains 40 years.
“Reject the applicant’s application in its entirety,” said Anwar, Monday (16/10/2023).
The results of the Constitutional Court’s decision regarding the age limit for presidential and vice presidential candidates violate the authority that should be used to determine the age limit for presidential and vice presidential candidates as a political agreement mechanism for law makers, namely the DPR and the government.
Constitutional Law Expert, Prof. Dr. Ali Syafaat said that the Constitutional Court (MK) did not have the right and authority to change the law.
“The Constitutional Court (MK) is openly capable of being politicized for the interests of the authorities, thereby betraying the interests of the people,” he said.
According to him, the agreement rests with the lawmakers, namely the DPR and the Government. So, the Constitutional Court’s decision regarding the age limit for presidential and vice presidential candidates violates the democracy and constitutionality of the Republic of Indonesia.
On the other hand, Jentera Constitutional Law Expert, Bivitri Susanti, said that the Constitutional Court’s decision could trigger constitutional chaos. According to him, the Constitutional Court’s decision regarding the age limit for presidential and vice presidential candidates has betrayed democratic values and reform ideals
“This decision is like an orchestra from the Constitutional Court and the President who clearly betrayed the constitution,” he said.
The decision of the Constitutional Court (MK) does not aim to implement citizens’ constitutional rights, but is solely based on considerations of political interests.
The Constitutional Court firmly created legal confusion by approving some of the lawsuits regarding the age requirements for presidential and vice presidential candidates.
