JAKARTA, LEGAL LITERACY — The process of making the Supreme Court's decision Number 23 P/HUM/2024 regarding the judicial review of the minimum age requirement for regional head candidates needs to be tested ethically. This test is considered important to ensure whether the decision meets the standards of judicial professionalism and the appropriateness of other Supreme Court decisions.

The Importance of Ethical Testing

"The Judicial Commission and the Supreme Court Supervisory Body must work together to test one aspect of the code of ethics against the judges who handled this case," said a researcher from the Centra Initiative, Erwin Natosmal Oemar, on Sunday (2/6/2024).

According to Erwin, the judicial review decision regarding the age requirements for regional head and deputy regional head candidates issued by the Supreme Court has legal problems. The Supreme Court should not act as a positive legislator or maker of regulations/norms at the level of law. Such actions not only create a bad precedent, but could also open up opportunities for "negotiation" in problematic decisions in the future.

Criticism of the Role of the Supreme Court

Therefore, Erwin suggested that the House of Representatives (DPR) condemn the actions of judges who take over the authority of the legislative body. The authority as a positive legislator should be in the hands of the DPR.

On May 29, 2024, the Supreme Court granted the judicial review request Regulation of the General Election Commission (PKPU) Number 9 of 2020 concerning Candidacy in the Election of Governors and Deputy Governors, Regents and Deputy Regents, and Mayors and Deputy Mayors, specifically Article 4 Paragraph (1) letter d. This article regulates the minimum age requirement for regional head candidates: 30 years for governor and deputy governor candidates and 25 years for mayor and deputy mayor candidates since the determination of candidate pairs.

The Supreme Court decided that Article 4 Paragraph (1) letter d of PKPU No. 9/2020 is contrary to Article 7 Paragraph (2) letter e of Law Number 10 of 2016 concerning Regional Head Elections. Through a panel chaired by the Head of the State Administrative Chamber (TUN) Yulius and supreme judges Cerah Bangun and Yodi Martono Wahyunadi, the Supreme Court ordered the KPU to revoke Article 4 Paragraph (1) letter d of PKPU No. 9/2020. The Supreme Court also interpreted that the age requirement of 30 years for governor/deputy governor candidates and 25 years for mayor/deputy mayor candidates is calculated when the candidate is inaugurated.