REPUBLIKA.CO.ID, JAKARTA -- The Constitutional Court (MK) decided to grant a judicial review of Article 169 letter q of the Election Law regarding the minimum age limit of presidential candidates and vice presidential candidates filed by a student named Almas Tsaqibbirru Re A. The ruling open ways for Gibran Rakabuming, son of the President Joko Widodo (Jokowi) to participate in the coming presidential election.
The case entered the Court with Number 90/PUP. U-XXI/2023. In his lawsuit, Almas selected Arif Sahudi, Utomo Kurniawan, et al as legal counsel. The petition was accepted by the Court on August 3, 2023. The petitioner wants the Court to change the minimum age limit for vice presidents to 40 years or experience as a regional head, both at the provincial and district/municipal levels.
“The adjudicator granted the petitioner's application in part,” said Court Chairman Anwar Usman during the sentencing hearing at the Court Building, Jalan Medan Merdeka Barat, Central Jakarta on Monday (16/10/2023).
The lawsuit could ignite a major shift in Indonesian politic regarding the potential of Gibran Rakabuming being the vice president candidate for the presidential candidate Prabowo Subianto. Gibran is now 36 years old and a regional leader. Thus, with the decision of the Court, Gibran, although ineligible in age, could advance as vice president because he currently served as mayor fo Surakarta.
Although not yet announced, several branches of Gerindra, Prabowo's party, has declared their support for Gibran as the vice president candidate. The high approvement rate to Jokowi administration is also considered to be able to bring Jokowi's voters to Gibran.
The Court stated that Article 169 (q) of the Election Law, which states that “at least 40 years of age” is contrary to the 1945 Constitution that has no binding legal force considering the matter. The Court also loaded experienced phrases into regional heads.
“So the full article 169 letter q reads 'at least 40 years of age or has been/is holding office elected through general elections including regional elections',” Anwar said. On the ruling, two judges of the Court expressed a different opinion or reason, namely Enny Nurbaningsih and Daniel Yusmic. Then there are four different opinions or dissenting opinions of Wahiduddin Adams, Saldi Isra, Arief Hidayat, and Suhartoyo.
The Daily Chairman of the Gerindra Party, Sufmi Dasco Ahmad, also revealed that Prabowo Subianto and the political parties in his coalition had hold meeting today, the same day as the MK's ruling. "Today there was a meeting, it's finished," said Dasco at the Nusantara III Building, Parliament Complex, Jakarta, Monday (16/10/2023).
He himself was reluctant to reveal the contents of the discussions between Prabowo and the political parties in the coalition. "So a decision will then be taken with the parties or general party chairs in the Advanced Indonesia Coalition," said Dasco.
He also responded to the decision of the Constitutional Court. According to him, this decision opens up the opportunity for Gibran Rakabuming Raka to become Prabowo's vice presidential candidate. "The Constitutional Court's decision not only opens up opportunities for Mas Gibran, but also for current regional heads or former regional heads who are directly elected by regional elections such as the presidential election," said Dasco.
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