THE age limit for public officials that is often fiddled with in the law will have an impact on legal uncertainty. The DPR as the law-making officer is asked not to insist on maintaining the authority to make laws without seeing criticism from various parties, especially from the Constitutional Court.
“It is true that in the decision of the MK it is included open legal policy “Because it is not explicitly regulated in the law, but there is a problem that so far the DPR has determined that the age limit does not have a sufficient legislative ratio,” said Constitutional Law Expert from Mulawarman University, Herdiansyah Hamzah, who was contacted on Saturday (14/9/2024).
The man who is familiarly called Castro said that the DPR is indeed a political space but it should also be accompanied by rationalization and legal regulations.
“It must be objectified, meaning that decisions about age, whatever the age, as long as it can be explained and rationalized, there is an objective space. If logic is often replaced, there is a political problem. So the DPR should not be stubborn. Our politics must be rational with calculations,” he stressed.
Previously, the Constitutional Court emphasized that lawmakers should not easily and too often change the age requirements for becoming a public official, whether an elected or appointed official.
“Such a confirmation from the Court is necessary considering that changing the minimum age requirement or the maximum age requirement too often can give rise to legal uncertainty and injustice,” said Constitutional Justice Arief Hidayat when reading out the Constitutional Court’s considerations at the verdict pronouncement hearing in the Plenary Courtroom of the Constitutional Court, Jakarta.
Also read: DPR Appreciates Government’s Attitude in Maintaining Open Proportional System
According to the Constitutional Court, changing age requirements too frequently can lead to legal uncertainty and injustice because it is easy for a person’s capability or competency parameters to shift to occupy a position in a public institution or organization.
Member of Commission III of the DPR, Taufik Basari, agreed that the DPR as the law maker must consider the statement of the Constitutional Court judge not to change the age limit of elected or appointed public officials too often.
“Although there are no specific provisions on how to create age requirement norms, the Constitutional Court’s considerations should be considered as a guide in creating legal norms,” said Taufik Basari.
Also read: Frequently Changing Office Age Conditions Cause Legal Uncertainty
The age requirement for public office is indeed open legal policy or open legal policy. This has also been confirmed by the Constitutional Court in several of its decisions.
“The age requirement should have a logical legislative ratio, a legal basis for thinking and have valid reasons,” he said.
According to him, the size of the age requirement determination must also have an indicator of the test tool reason so that it can be accounted for and is not too easy to change often. (Sru/P-3)
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The age limits for public officials too frequently. What are the potential implications of ignoring the Constitutional Court’s recommendations on age limits for public officials in Indonesia?
Table of Contents
Here is a comprehensive and SEO-optimized article on the topic of age limits for public officials in Indonesia:
Tinkering with Age Limits for Public Officials Creates Legal Uncertainty
The age limit for public officials in Indonesia has been a topic of debate, with frequent changes causing legal uncertainty and injustice. The Constitutional Court has emphasized that lawmakers should not easily and too often change the age requirements for becoming a public official, whether an elected or appointed official.
The Constitutional Court’s Stance
The Constitutional Court has stressed that changing the minimum age requirement or the maximum age requirement too often can give rise to legal uncertainty and injustice. According to Constitutional Justice Arief Hidayat, “Such a confirmation from the Court is necessary considering that changing the age requirements too frequently can lead to legal uncertainty and injustice.”
Legal Uncertainty and Injustice
Changing age requirements too frequently can lead to legal uncertainty and injustice because it is easy for a person’s capability or competency parameters to shift and occupy a position in a public institution or organization. This can lead to arbitrary and discriminatory decisions, undermining the rule of law and the principles of justice.
The DPR’s Role
The DPR (House of Representatives) as the law-making officer has been asked not to insist on maintaining the authority to make laws without seeing criticism from various parties, especially from the Constitutional Court. Constitutional Law Expert from Mulawarman University, Herdiansyah Hamzah, emphasized that the DPR is indeed a political space but it should also be accompanied by rationalization and legal regulations.
The Need for Rationalization and Objective Space
Herdiansyah Hamzah, also known as Castro, stressed that decisions about age limits should be objectified, meaning that they should be based on rational and objective criteria. “It must be objectified, meaning that decisions about age, whatever the age, as long as it can be explained and rationalized, there is an objective space. If logic is often replaced, there is a political problem. So the DPR should not be stubborn. Our politics must be rational with calculations,” he said.
The Importance of Considering the Constitutional Court’s Statement
Member of Commission III of the DPR, Taufik Basari, agreed that the DPR as the law maker must consider the statement of the Constitutional Court judge not to change
– What are the current age limits for public officials in Indonesia?
Here is a comprehensive and SEO-optimized article on the topic of age limits for public officials in Indonesia:
Tinkering with Age Limits for Public Officials Creates Legal Uncertainty
The age limit for public officials in Indonesia has been a topic of debate, with frequent changes causing legal uncertainty and injustice. The Constitutional Court has emphasized that lawmakers should not easily and too often change the age requirements for becoming a public official, whether an elected or appointed official.
The Constitutional Court’s Stance
The Constitutional Court has stressed that changing the minimum age requirement or the maximum age requirement too often can give rise to legal uncertainty and injustice. According to Constitutional Justice Arief Hidayat, “Such a confirmation from the Court is necessary considering that changing the age requirements too frequently can lead to legal uncertainty and injustice.”
Legal Uncertainty and Injustice
Changing age requirements too frequently can lead to legal uncertainty and injustice because it is easy for a person’s capability or competency parameters to shift and occupy a position in a public institution or organization. This can lead to arbitrary and discriminatory decisions,
