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Top court upholds no upper age limit for presidential election
The Constitutional Court has dismissed three petitions that attempted to introduce a maximum age limit for the presidential election, as well as provisions barring repeat bids and individuals linked to rights abuses from running for the country's highest office.
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Constitutional Court Chief Justice Anwar Usman (right) and fellow justices (from left) Arief Hidayat, Enny Nurbaningsih and Saldi Isra attend a hearing on Oct. 16, 2023 at the court in Jakarta. The court ruled that day on a petition for judicial review on Article 169 on age of candidacy in the 2017 Elections Law, introducing an exception that elected officials under the minimum age of 40 could contest a presidential election. (Antara/Akbar Nugroho Gumay)
The Constitutional Court dismissed on Monday three separate petitions to cap the maximum age for presidential and vice presidential candidates at 65 or 70, and introduce provisions to prevent repeat bids or individuals linked to rights abuses from running for the country’s highest office.
The court’s decision upholds the status quo and appears to clear the path for presidential hopeful Prabowo Subianto, now aged 72, a three-time candidate with a murky past that has haunted his previous bids, to run in 2024.
The court’s justices issued a 7:1 decision to dismiss the petitions, which called for a maximum age limit and more requirements for the presidential election.
Chief Justice Anwar Usman read out the decision at Monday’s hearing, at which Justice Enny Nurbaningsih was absent.
Constitutional Court Justice Suhartoyo was the sole dissenter of the ruling.
In one filing, petitioners Wiwit Ariyanto, Rahayu Fatika Sari and Rio Saputro demanded that the court set an upper age limit of 70 years and ban any individuals culpable of gross human rights violations from candidacy. The petition was backed by nearly 100 lawyers grouped under the Alliance of ‘98 Lawyers to Guard Democracy and Human Rights.
Another petition was filed by private employee Rudy Hartono, who also demanded that the court set an upper age limit of 70 for presidential and vice presidential candidates.
