KPU Tanggapi Kepala Daerah yang Maju Capres dan Cawapres Harus Kantongi Izin Presiden

ASNNEWS | Jakarta, –  General Election Commission (KPU) Commissioner Idham Holik said that regional heads who register as presidential and vice presidential candidates (cawapres) must ask the president for permission. This was conveyed by the KPU in response to the decision of the Constitutional Court (MK) regarding the requirements for presidential and vice presidential candidates.

“That in the event that there are regional heads and/or deputy regional heads who will be nominated as presidential and vice presidential candidates, the provisions of Article 171 paragraphs 1 and 4 of Law Number 7 of 2017 will apply,” said Idham at the Indonesian KPU Media Center, Jakarta, Monday evening.

Article 171 paragraph 1 of Law Number 7 of 2017 concerning Elections reads “A person who is currently serving as governor, deputy governor, regent, deputy regent, mayor, deputy mayor who will be nominated by a political party or a combination of political parties participating in the election as a presidential candidate or the vice presidential candidate must ask the president for permission.”

After requesting permission, he continued, the letter must be included in the required documents for presidential and vice presidential candidates. This letter must be given to the KPU at the time of registration in accordance with Article 171 paragraph 1.

“The letter requesting permission from the Governor, Deputy Governor, Regent, Deputy Regent, Mayor, Deputy Mayor as referred to in paragraph (1) is submitted to the KPU by a political party or combination of political parties as a required document for Presidential and Vice Presidential candidates,” reads Article 171 Paragraph 4 of Law Number 7 of 2017.

Previously, the Constitutional Court (MK) granted part of the request for a judicial review of Law Number 7 of 2017 concerning Elections regarding the age limit for presidential and vice-presidential candidates being changed to 40 years old or having experience as a regional head.

Case Number 90/PUU-XXI/2023 was filed by an individual Indonesian citizen (WNI) named Almas Tsaqibbirru Re A who comes from Surakarta, Central Java.

The Court concluded that the applicant’s petition was legally sound in part. Therefore, the Constitutional Court stated that Article 169 letter (q) of Law Number 7 of 2017 concerning Elections is contrary to the 1945 Constitution of the Republic of Indonesia.

“So Article 169 letter (q) of Law Number 7 of 2017 concerning General Elections in full reads ‘at least 40 (forty) years of age or has/is currently holding a position elected through general elections including regional head elections’,” said the Chairman MK Anwar Usman read out the verdict.

For this decision, there were different reasons (“concurring opinions”) from two constitutional judges, namely Enny Nurbaningsih and Daniel Yusmic P. Foekh, as well as different opinions (“dissenting opinions”) from four constitutional judges, namely Wahiduddin Adams, Saldi Isra, Arief Hidayat, and Suhartoyo.

 

Penulis : Daeng Yusvin