Jakarta,-Mahkamah Konstitusi akan menyidangkan gugatan terkait batas usia minimun Capres-Cawapres pada Rabu (8/11/2023). Sidang ini digelar bertepatan dengan hari terakhir pengusulan bakal capres-cawapres pengganti ke KPU RI.
“Materi gugatan adalah Pasal 169 huruf q UU Pemilu yang sebelumnya telah diubah secara kontroversial lewat Putusan MK 90/PUU-XXI/ 2023. berusia paling rendah 40 (empat puluh) tahun atau pernah/sedang menduduki jabatan yang dipilih melalui Pemilu termasuk pemilihan kepala daerah,” dalam keterangan tertulis MK.
Gugatan ini diajukan mahasiswa Fakultas Hukum Universitas Nahdlatul Ulama (NU) Indonesia, Brahma Aryana (23) yang diregistrasi dengan nomor 141/PUU-XXI/2023. Dalam hal ini, Brahma berharap MK dapat memutus perkara tersebut dianggap sudah sangat jelas.
“Agar Ketua MK Anwar Usman untuk tidak turut mengadili perkara itu. Dalam penyusunan putusan ini, 5 Hakim Konstitusi yang setuju mengubah syarat usia minimum Capres-Cawapres pun tak bulat pandangan,” kata Brahma.
Dari 5 hakim, kata Brahma, hanya 3 hakim (Anwar Usman, Manahan Sitompul, Guntur Hamzah) yang sepakat bahwa anggota legislatif atau kepala daerah tingkat apa pun, termasuk gubernur, berhak maju sebagai capres-cawapres. Namun, 2 hakim lainnya (Enny Nurbaningsih dan Daniel Yusmic Pancastaki Foekh) sepakat hanya kepala daerah setingkat gubernur yang berhak.
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