Former Chief Justice: Lawsuit on Age Limit for Presidential and Vice Presidential Candidates is Not Constitutional

JAKARTA, KOMPAS.com – Former Chief Justice of the Constitutional Court (MK) Jimly Asshiddiqie believes that the lawsuit regarding the age limit for presidential candidates and vice presidential candidates (capres-cawapres) which is rolling out at the Constitutional Court is not constitutional.

According to him, the lawsuit regarding the age limit for presidential and vice presidential candidates can only be classified as a job requirement.

“The second problem is, what is the substance that is being assessed? Open Legal Policy appears, material that is not actually constitutional, it is a technical matter. It is up to the law to regulate it,” said Jimly when contacted by telephone, Sunday (15/10/2023).

“For example, there are such things as job requirements, how old do you have to be to be a nurse, how old do you have to be to become a police officer? The requirements for each job are different, don’t because of these differences it is considered discrimination,” he continued.

Also read: The Constitutional Court’s credibility is at stake ahead of the decision on the age limit lawsuit for presidential and vice presidential candidates

Jimly explained that the job requirements were not an act of discrimination as stated in the demand for the age limit for vice presidential candidates which is currently rolling out.

He gave an example, the retirement age for a TNI member is set at 58 years for high-ranking officers, while for non-commissioned officers and enlisted men it is even lower, namely 53 years.

These requirements are different compared to Civil Servants (PNS) in general who have a retirement age of 60 years.

“This is not about discrimination but about recruitment,” said Jimly.

Even though he believes that the cawapres age lawsuit is not constitutional, Jimly asked all parties to respect the trial process at the Constitutional Court.

“In my opinion, this does not constitute discrimination, this is called official recruitment, but these nine judges do not necessarily have the same opinion as me,” said Jimly.

“If they have debated later and (the result is granted with the judge’s position) being four (to) five, yes we have to respect it, even though I don’t agree with that opinion. But they have debated in substance and indeed they were appointed to test the constitutionality of the law,” concluded Jimmy.

Also read: PKS Asks the Constitutional Court to Reject the Age Limit Lawsuit for Presidential and Vice Presidential Candidates, Touches on the Family Court

As previously reported, the Constitutional Court scheduled the reading of the decision on the lawsuit regarding the minimum age for presidential and vice-presidential candidates on Monday (16/10/2023) tomorrow.

Quoted by the MK’s official website, the lawsuits that will be decided are cases number 29, 51 and 55/PUU-XXI/2023.

MK Spokesperson Fajar Laksono confirmed that the schedule listed on the MK’s official website was the official schedule.

“Please monitor and check the trial schedule on mkri.id,” said Fajar to journalists, Monday (9/10/2023).

“If it’s on the agenda, yes, that’s the schedule. If not, it means it’s not on the agenda,” he explained.

Get selected news updates and breaking news every day from Kompas.com. Let’s join the Telegram Group “Kompas.com News Update”, by clicking the link https://t.me/kompascomupdate, then join. You must install the Telegram application first on your cellphone.

2023-10-15 05:34:00


#Jimly #Asshiddiqie #Calls #Candidates #Age #Limit #Lawsuit #Open #Legal #Policy #Kompas.com