Age Limit for Nomination in Regional Head Elections (Analysis of Supreme Court Decision Number 23 P/HUM/2024)

Abstract

The academic concern of this research arises from the legal debate and uncertainty caused by Supreme Court Decision Number 23 P/HUM/2024, which altered the interpretation of Article 4 paragraph (1) letter d of KPU Regulation Number 9 of 2020 regarding the age requirement for regional head candidates. The decision stipulates that the minimum age is calculated at the time of inauguration rather than at the determination of candidate pairs, potentially creating inconsistencies in electoral law. This research aims to: (1) analyze the regulatory framework for regional head elections in Indonesia; (2) examine the legal provisions on age requirements for regional head candidates; and (3) assess the Supreme Court Decision Number 23 P/HUM/2024 in relation to the principle of legal certainty. This study employs a normative legal research method with a descriptive-analytical approach. Data were collected through a literature review of primary legal sources, including the 1945 Constitution and relevant legislation, as well as secondary and tertiary legal materials. The results show that the decision significantly affects legal certainty and has disrupted the stability of established electoral norms previously upheld by the General Elections Commission (KPU) and the public. In conclusion, regulatory harmonization is required to ensure consistency and legal certainty in future regional head elections.