Constitutional Court Rejects Challenge to KPU-Bawaslu Age Limits, Deems Requirement Rational

The Constitutional Court (MK) has rejected a petition against the minimum age requirement for prospective members of the General Elections Commission (KPU) and the Elections Supervisory Body (Bawaslu). The MK assessed that the age requirement stipulated in the Election Law has a rational basis because it relates to the maturity, competence, and integrity required of election organisers. “The petition is rejected in its entirety,” said Chief Justice Suhartoyo while reading the verdict at the MK Building in Jakarta on Wednesday (17/6). The petition was filed by Yunita Utami Panuntun and Muah Hadi Rahman Arahab, who challenged Article 21 paragraph (1) letter b and Article 117 paragraph (1) letter b of Law Number 7 of 2017 concerning General Elections, as last amended by Law Number 7 of 2023. In its legal considerations, Constitutional Justice Daniel Yusmic P. Foekh stated that the petitioners had legal standing to file the petition. However, the Court was of the opinion that the arguments submitted were legally unfounded. The MK explained that the minimum age limit for KPU and Bawaslu candidates is part of a series of requirements designed to ensure the quality of election organisers. Unlike members of the DPR or DPRD who are directly elected by the people through elections, KPU and Bawaslu members are chosen through a selection process that emphasises specific competencies and expertise. “Election organisers are positions resulting from a selection process that are characteristically chosen because they possess or meet expertise with explicit requirements stipulated in the law,” the Court stated in its considerations. According to the MK, KPU candidates must have knowledge and expertise related to election administration, constitutional law, and political parties. Meanwhile, Bawaslu candidates are required to have abilities and expertise in election administration, election supervision, constitutional law, and political parties. Beyond competence, candidates must also meet requirements of integrity, strong personality, honesty, and fairness. The Court assessed that all these requirements are closely related to a person’s level of maturity, which can be measured, among other things, by age. “The age or minimum age requirement stipulated in the law has a rational basis and correlation with these requirements, particularly concerning maturity,” said Daniel. The MK also rejected the petitioners’ argument that the minimum age requirement violates the principle of equality before the law and equal opportunity in government as guaranteed by the 1945 Constitution. According to the Court, the minimum age rule does not eliminate a citizen’s right to become a KPU or Bawaslu member. The provision merely regulates when that right can be exercised after a person meets the requirements set by law. “The norm regulating the age or minimum age limit does not close off opportunities for citizens, but rather postpones the exercise of citizens’ constitutional rights until the minimum age requirement is met,” Daniel asserted. The MK added that age is a common measure used in law to describe a person’s level of maturity. Therefore, the establishment of a minimum age limit for KPU and Bawaslu candidates is still considered relevant and proportional. The Court assessed that this requirement is also related to the need for experience, knowledge, and ability to carry out duties as independent and high-integrity election organisers. “The minimum age requirement can be seen as one of the rational conditions in assessing the suitability of KPU or Bawaslu candidates to carry out their duties and functions as election organisers to realise elections with integrity,” said Daniel.