February 25, 2026 | 03:58 pm
TEMPO.CO, Jakarta - Two advocates named Raden Nuh and Dian Amalia have filed a substantive test of the Election Law to Indonesia's Constitutional Court (MK). They are asking the court to prohibit the consanguine or affinal family members of the current president and vice president from nominating themselves for the presidential election. This prohibition applies to both presidential and vice presidential candidates.
The lawsuit was registered under case number 81/PUU-XXXIV/2026 on Tuesday, February 24, 2026. The provisions contested are Article 169 of Law Number 7 of 2017 concerning General Elections. This article outlines the requirements for presidential and vice-presidential candidates, including being an Indonesian citizen, never betraying the state, and never having been convicted.
Referring to the application file accessed from the official Constitutional Court website, the petitioners argue that the requirements in Article 169 of the Election Law allow for any serving president to nominate a child, sibling, family member, or close relative as a presidential or vice-presidential candidate in a presidential election where the president is serving.
"If this happens, it is the same as negating the principle of legal objectivity, where it will definitely create a condition where the law is used as an instrument to perpetuate family power," the plaintiffs stated in their plea within the application file.
In addition, according to the petitioners, Article 169 of the Election Law also contradicts Article 28 D Paragraph (3) of the 1945 Constitution, as it has the potential to create systemic imbalance in presidential election candidates. The petitioners mention that candidates who are family members of the current president or vice president have automatic access to state resources.
In their plea, the petitioners also argue that Article 169 of the Election Law, which does not prohibit the president's family members from nominating themselves, violates the principle of a state that requires the rule of law to limit power and prevent conflicts of interest.
According to the petitioners, conflicts of interest in the realm of public law do not need to be factual to be considered dangerous. "The potential or appearance of a conflict of interest is enough to undermine legal legitimacy," they said.
Based on this, in their petitum, the petitioners request the Constitutional Court judges to declare that Article 169 of the Election Law is in violation of the 1945 Constitution and does not have legal binding powers, as long as it is not interpreted "That the requirement for the nomination of president and/or vice president must be free from conflicts of interest arising from consanguine or affine family relationships with the serving President and/or Vice President."
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