(Bloomberg) — Indonesia’s Constitutional Court has rejected a petition seeking to change the minimum age for candidates in regional elections, putting the court in conflict with the Supreme Court and potentially barring President Joko Widodo’s youngest son from running for deputy governor of Central Java this year.
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Under current circumstances, candidates under 30 cannot run for governor or vice-governor, the ruling said. Kaesang Pangarep, the president’s son, turns 30 in December, while registration for the November regional elections opens 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 the minimum age limits for presidential and vice-presidential candidates.
That ruling cleared the way for Jokowi’s 36-year-old eldest son to make a successful bid for the vice presidency in October.
Kaesang, 29, appeared poised for a regional role after the Supreme Court in May relaxed the minimum age for gubernatorial candidates, saying a governor must be at least 30 years old at the time of inauguration. Jokowi himself had used his role as Jakarta governor as a successful launchpad for 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 researched law, civil society and corruption for more than a decade. “It is clear that it has to follow the new rules. There is no other choice but to implement the (constitutional) court’s decision.”
But the uncertain factor is the electoral commission, she added.
If the electoral commission does not follow the ruling, any candidate who does not meet the requirements will be declared invalid, Saldi Isra, a constitutional judge, said in the court ruling. Candidates must meet all the requirements before they are named as official candidates, he noted.
The question now is whether there is a way for Kaesang or his allies to at least help him run for office, or otherwise circumvent the court’s decision. He was supported by two political parties, including that of President-elect Prabowo Subianto, to run in the Central Java governor and vice-governor race.
“This decision should meet the age requirement for candidates,” said Titi Anggraini, an advisory board member of the Association for Elections and Democracy, or Perludem, an independent, nonprofit advocacy group. “It is too risky to bypass the court’s decision, as the nomination is inconsistent and invalid. If that happens, it will be very bad for legal certainty.”
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