Two Lawyers File Lawsuit Against the Election Law, Requesting the Constitutional Court to Ban Family Members of the President and Vice President from Contesting Presidential Elections
JAKARTA, KOMPAS.com - Two lawyers, Raden Nuh and Dian Amalia, have filed a lawsuit against Article 169 of Law Number 7 of 2017 concerning General Elections with the Constitutional Court (MK).
The lawsuit is registered under number 81/PUU-XXIV/2026.
They are requesting the MK to prohibit family members of the President or Vice President from running as presidential and/or vice-presidential candidates.
“Constitutional elections should be fair and provide a level playing field. Nepotism is an unlawful act that prioritises family/cronies over the public interest,” they stated in the conclusion of their lawsuit, as quoted from the official MK website, Thursday (26/2/2026).
“Therefore, the article is in conflict with the principles of a democratic state of law, the principle of justice, and the constitutional rights of citizens to fair and integral elections, and potentially conflicts with Article 1(2), 1(3), 22E, 27(1), 28D(1) of the 1945 Constitution and should be designed to be compatible with Article 28I (2) through Article 28J (2) of the 1945 Constitution,” they added.
According to the Petitioners, Article 169 of the Election Law opens the door for state officials to engage in nepotistic practices in elections.
“Article 169 of the Election Law opens the door for state officials to engage in nepotistic practices in presidential elections because the provisions within it do not include a prohibition against nepotistic practices – which are categorised as a criminal act in the requirements for candidates, which essentially negates Indonesia as a state of law,” said the Petitioners.
“If this happens, it is the same as negating the principle of legal objectivity, where it will certainly create a condition in which the law is used as an instrument to perpetuate family power,” said the Petitioners.
In their petition, the petitioners request the Panel of Judges of the Constitutional Court to rule as follows: