The Constitutional Court is asking what the urgency is for it to lower the minimum age for president and vice president from 40 to 35 years if the House of Representatives and the government, who make the electoral laws and regulations, have given their endorsements. It is also a question that many people in the country are asking.

“Why pass the buck to the court if you can amend the law yourself?” Justice Saldi Isra asked on Aug. 1 when opening the court hearing of several petitions calling for the change.

The government and the House have sent written endorsements of the petitions, brought forward by the Indonesian Solidarity Party (PSI), the Garuda Party and a group of five mayors and regency heads.

Not one of the three petitioners came out with a forthright answer, but all fingers point to Gibran Rakabuming Raka, the mayor of Surakarta in Central Java, who is none other than the son of President Joko “Jokowi” Widodo. Gibran will be 36 when the presidential election takes place in February.

While the slots of presidential candidates are almost certainly settled, all three presumptive candidates are still searching for running mates to help them win the race. Lately, Gibran’s name has been mentioned as a possible contender, and the idea is quickly gaining traction.

Gibran himself has publicly said he held no ambitions for the job, but his reasoning that he did not meet the legal age requirement is taken to mean that he would run if the law was changed.

President Jokowi has said he would not interfere with the Constitutional Court hearing. It is a statement he had to make in public since the court is headed by Anwar Usman, his brother-in-law.

Their vague responses strengthen speculations that this is part of the picture of an emerging political dynasty before Jokowi steps down from office in October 2024 after 10 years. It fits the pattern. Son-in-law Muhammad Bobby Afiff Nasution is mayor in Medan, North Sumatra. Both he and Gibran won their local races in 2020.

With Gibran’s candidacy gaining widespread support from a number of political parties and the public, only the court stands in the way of his nomination as vice presidential candidate.

On Wednesday, Defense Minister Prabowo Subianto, the leading candidate in all opinion surveys for the presidential race, visited Surakarta to meet with Gibran, further fueling the speculation that something is cooking. When asked after the meeting about the potential match, the 71-year Prabowo said: “As a public figure, of course he will be considered.”

The other two presumptive presidential candidates are unlikely to take Gibran on their tickets.

The running mate for Central Java Governor Ganjar Pranowo, who the polls say is the second most popular potential candidate after Prabowo, would be determined by the chair of the Indonesian Democratic Party of Struggle (PDI-P), Megawati Sukarnoputri. She and Jokowi, a member of her party, have been at loggerheads in the run-up to the presidential elections over the nominations.

The other presumptive presidential candidate, former Jakarta governor Anies Baswedan, has not named his running mate but he is politically poles-apart from Jokowi to want to consider Gibran.

What’s more

The PSI, which considers itself as the millennial party, has denied that its demand to lower the minimum age for president and vice president was aimed at allowing Gibran to run in 2024, pointing out that it submitted the petition back in March, long before Gibran’s name surface as potential candidate.

Although in the twilight of his presidency, Jokowi is far from being the lame duck president. Indikator Politik Indonesia in June released its latest survey showing his approval rating at 79.2 percent, the highest ever since he came to office in 2014. Although Jokowi does not control any political party, he holds sway over seven parties in his coalition government which together account for over 80 percent of the seats in the House. With massive popular support, he has also been active behind the scenes in the nomination for candidates in the coming presidential election.

The constitution does not set the minimum age for president and vice president but the House in 2007 wrote it into the electoral laws, setting it at 35 years. In 2017, the House then changed it to 40 years. Now, with the demands to bring it back to 35 years, the House said it had no objection, but would rather leave it to the Constitutional Court to make that call.

Clearly irked by the House and the government deferring the decision to the court, Justice Saldi said the age proposed could only be arbitrary. “Why not 30 or 25?” he asked.

There are no indications that the House would take up the challenge to lower the age in the electoral law since this would be a long process and unlikely to be ready on time for Gibran to run.

The General Elections Commission has set Oct. 19 - Nov. 25 as the period for political parties to nominate their presidential candidates. The ball is in the Constitutional Court’s court, to change or not to change the minimum age for president and vice president.

What we’ve heard

The judicial review motion filed against the Election Law provision on age minimum for presidential and vice presidential candidates is speculated to be part of attempts to enable President Joko Widodo's eldest son, Gibran Rakabuming Raka, to contest the 2024 presidential election.

Sources close to Jokowi have stated that Prabowo Subianto has told the President he will wait for the Constitutional Court's decision to determine his running mate for the 2024 election. "Prabowo is seriously considering Gibran as VP pick in order to secure full support from Jokowi," said the source.

According to the same source, Jokowi is also open to the idea of Prabowo choosing Gibran as his vice-presidential candidate. Jokowi has also prayed and wished his children all the best.

In 2019 Gibran took the opportunity to run for mayor of Surakarta after receiving full support from his mother, First Lady Iriana. The source said Prabowo has not yet lobbied Iriana for her approval of Gibran contesting the presidential election as Prabowo’s running mate.

Two pro-government politicians said the Constitutional Court would grant the plaintiffs’ demand that the minimum age be lowered to 35 years old. At least five justices say yes to the motion as it does not run counter to the Constitution.

But one of the dissenting justices will receive a state medal during this year's Independence Day ceremony, the source said.

Disclaimer

This content is provided by Tenggara Strategics in collaboration with The Jakarta Post to serve the latest comprehensive and reliable analysis on Indonesia’s political and business landscape. Access the latest edition of Tenggara Backgrounder to read the articles listed below:

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