Conflict Between Supreme and Constitutional Court Jurisprudence on Regional Head Candidates’ Age Limits

Abstract

This article analyzes the constitutional and electoral implications of Constitutional Court Decision No. 70/PUU-XXII/2024, which affirms that the minimum age requirement for regional head candidates is calculated from the date the candidate pairs are designated by the General Elections Commission (KPU), not from the date of inauguration. The study is conducted within the context of a prolonged interpretive debate between Supreme Court Decision No. 23/P/HUM/2024—which upheld the “inauguration” interpretation—and the Constitutional Court’s decision, which affirmed the “KPU designation” interpretation. This article examines the regulatory history of age requirements for regional heads, the Constitutional Court’s reasoning in rejecting the petition for a judicial review, the implications for the conduct of regional elections, the government’s response stating its respect for the Constitutional Court’s decision, and the broader dimensions of the jurisprudential conflict between the Supreme Court and the Constitutional Court. The study also formulates recommendations to ensure legal certainty in the conduct of future regional elections.