Under the ruling, candidates who are aged less than 30 cannot run for governor or deputy governor, and Jokowi's son Kaesang Pangarep (above) will turn 30 only in December, while registration for November’s regional elections will open in late August. - Antara
JAKARTA: Indonesia’s Constitutional Court rejected a petition to change the minimum age limit for candidates in regional elections, putting itself at odds with the Supreme Court and potentially stopping President Joko Widodo’s youngest son from running for deputy governor of Central Java this year.
Under current conditions, candidates who are less than 30 years old cannot run for governor or deputy governor, the ruling said. Kaesang Pangarep, the president’s son, will turn 30 in December, while registration for November’s regional elections will open in late August.
The decision appears to be a setback for the dynastic legacy of Jokowi, as the president is known, as he prepares to hand over power in October due to term limits. Accusations of nepotism flared last year after the Constitutional Court, in a decision chaired by Jokowi’s brother-in-law, lowered minimum age limits for presidential and vice-presidential candidates.
That ruling paved the way for Jokowi’s 36-year-old eldest son to make a successful run that will see him become vice-president in October.
The 29-year-old Kaesang had appeared on course for a regional role after the Supreme Court in May eased the minimum age limit for candidates in gubernatorial elections, saying a governor only need to be at least 30 years old at the time of inauguration. Jokowi himself had used his role as Jakarta’s governor as a successful launchpad to the presidency.
"The Constitutional Court’s decision interpreted a law, while the Supreme Court interpreted an implementing regulation,” said Bivitri Susanti, a legal expert and political commentator from the Indonesia Jentera School of Law, who has conducted research on legislative, civil society and corruption issues for more than a decade. "It is clear, it should follow the new rules. There is no choice but to implement the (constitutional) court’s decision.”
But the wild card is the election commission, she added.
If the election commission doesn’t follow the ruling, any candidate who doesn’t meet the requirements will be declared invalid, Saldi Isra, a constitutional judge, said in the court ruling. Candidates must fulfill all requirements before being named as official candidates, he noted.
The question now becomes whether there is any avenue for Kaesang or his allies to help him run for office in any case, or to otherwise circumvent the court’s decision. He was backed by two political parties, including that of President-elect Prabowo Subianto, to run in the Central Java gubernatorial and vice-gubernatorial race.
"With this decision, the age requirement for candidates must be met,” said Titi Anggraini, an advisory board member of the Association for Elections and Democracy, or Perludem, an independent, non-profit advocacy group.
"It is too risky to circumvent the court’s decision as the nomination is inconsistent and invalid. If that happens, it will be very bad for legal certainty.” - Bloomberg
