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THE DEBATE OVER THE AGE OF PRESIDENTIAL AND VICE PRESIDENTIAL CANDIDATES IS OUTSIDE THE CONTEXT OF CONSTITUTIONALISM

debat, CONSTITUTIONALISM

The debate regarding the age of Presidential Candidates and Vice Presidential Candidates has gone out of the context of the authority of the Constitutional Court which is a judicial body, as a branch of judicial power. One of the Constitutional Court’s authorities according to the Constitutional Court Law is to rule, at the first and final instance, on the judicial review of a law against the 1945 Constitution of the Republic of Indonesia. It is not uncommon that after the issuance of a law there are norms that are not in line with the 1945 Constitution as the highest law in Indonesia. Therefore, laws that are not in line can be subject to judicial review at the Constitutional Court to be declared null and void. As quoted from Stanley I. Kutler's book entitled The Supreme Court and the Constitution, Readings in American Constitutional History “...a law repugnant to the constitution is void".

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