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

The Constitutional Court (MK) has rejected a lawsuit challenging the minimum age provisions for candidates of the General Elections Commission (KPU) and the Election Supervisory Body (Bawaslu). The Court assessed that the age requirements stipulated in the Election Law possess a rational basis, as they pertain to the maturity, competence, and integrity necessary for election organisers.

“We reject the petition in its entirety,” stated the Chief Justice of the Constitutional Court, Suhartoyo, while reading the verdict at the MK Building in Jakarta on Wednesday.

The petition was filed by Yunita Utami Panuntube and Muah Hadi Rahman Arahab, challenging Article 21 paragraph (1) letter b and Article 117 paragraph (1) letter b of Law Number 7 of 2017 concerning General Elections, as most recently amended by Law Number 7 of 2023.

In the legal considerations, Constitutional Judge Daniel Yusmic P. Foekh stated that while the petitioners had the legal standing to file the petition, the arguments presented were not legally well-founded. The Court explained that the minimum age provisions for KPU and Bawaslu candidates are 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, members of the KPU and Bawaslu are selected through a process that emphasises specific competencies and expertise. The Court noted that election organisers hold positions resulting from a selection process characterised by specific expertise and explicit requirements defined by law.

According to the Court, KPU candidates must possess knowledge and expertise related to election administration, constitutional matters, and political parties. Similarly, Bawaslu candidates are required to have expertise in election administration, election supervision, constitutional matters, and political parties.

Beyond competence, candidates must also meet requirements for integrity, strong personality, honesty, and fairness. The Court assessed that all these requirements are closely linked to an individual’s level of maturity, which can be measured, in part, by age.

“The requirement for a certain minimum age stipulated in the law has a rational basis and correlates with the aforementioned requirements, particularly regarding maturity,” said Daniel.

The Court also rejected the petitioners’ argument that the minimum age provision violates the principle of equality before the law and equal opportunity in government as guaranteed by the 1945 Constitution. The Court maintained that the age limit does not eliminate the rights of citizens to become members of the KPU or Bawaslu; rather, it merely regulates when that right can be exercised once the statutory requirements are met.

“The norm regulating the minimum age does not close opportunities for citizens, but merely postpones the exercise of their constitutional rights until the specified minimum age requirement is fulfilled,” Daniel emphasised.

The Court added that age is a commonly used legal measure to describe an individual’s level of adulthood and maturity. Therefore, the imposition of minimum age limits for KPU and Bawaslu candidates is deemed both relevant and proportional. The Court concluded that these requirements are essential for ensuring the need for experience, knowledge, and the ability to perform duties as independent and high-integrity election organisers.