Election Law Challenged, Constitutional Court Asked to Bar Family Members of the President from Running in Presidential Election

The requirements for presidential and vice-presidential candidates, as stipulated in Law Number 7 of 2017 concerning General Elections, are being challenged in the Constitutional Court.

The lawsuit was filed by two lawyers, Raden Nuh and Dian Amalia, and is registered under case number 81/PUU-XXIV/2026, on Tuesday (24/6).

In their petition, the plaintiffs request that presidential and vice-presidential candidates not have blood relations or family ties with the current president and vice president.

“Declare that Article 169 of Law Number 7 of 2017 concerning General Elections is in conflict with the 1945 Constitution and has no binding legal force unless it is interpreted that the requirements for presidential and/or vice-presidential candidates must be free from conflicts of interest arising from family relations with the President and/or Vice President who are currently in office during a period of power,” reads the petition.

Specifically, Article 169 of the Election Law regulates the requirements for presidential and vice-presidential candidates. These include being Indonesian citizens, being in good physical and mental health, being at least 40 years old, or having held a position elected through elections.

They must also not be members of prohibited organizations, have a minimum education of senior high school, and not have been convicted by a final and binding court decision.

In their lawsuit, the petitioners argue that family ties between presidential and vice-presidential candidates and the current president or vice president create unfair competition.

According to the petitioners, when the requirements for presidential and vice-presidential candidates do not limit family ties, the active power has the potential to influence the electoral contest of the presidential election. In fact, Article 1 paragraph 3 of the 1945 Constitution limits power.

They say that Article 169 of the Election Law allows for the presence of presidential election contestants from the family of the current president or vice president.

“In a broad sense, nepotism essentially applies to very specific situations, namely when a person uses their position to gain advantages, often in the form of jobs for family members,” said the petitioners.