1. BABAK 8 BESAR – UNIVERSITAS SUMATERA UTARA VS UNIVERSITAS ANDALAS

Summary

The transcript details a formal debate on the topic of the minimum age requirements for candidates running for regional head positions in Indonesia. The debate involves two university teams: Universitas Andalas (pro) and Universitas Sumatera Utara (contra). The pro team argues that the minimum age should be calculated from the date of inauguration, emphasizing legal certainty and fairness. The contra team counters that the age requirement should be based on the candidate's formal nomination date, criticizing potential political manipulation and lack of clear legal standards. The session culminates in a call for legal reforms to ensure a fairer and more transparent election process.

Takeaways

• 😀 The debate focuses on the legal requirement for the minimum age of candidates for local government positions in Indonesia, specifically whether it should be based on their inauguration date (Pelantikan) or the date they are officially declared as candidates (Penetapan).
• 😀 Universitas Andalas (Pro team) supports the idea that the minimum age should be calculated from the date of inauguration, arguing that this is when candidates truly begin to exercise their authority and responsibilities.
• 😀 Universitas Sumatera Utara (Contra team) disagrees, stating that age should be calculated from the moment candidates are officially declared (Penetapan), not when they are inaugurated into office.
• 😀 The Pro team argues that calculating age from Pelantikan ensures fairness, especially for candidates born towards the end of the year, who might otherwise be unfairly excluded from running in elections.
• 😀 The Contra team emphasizes that calculating age from Penetapan provides more legal clarity, as candidacy status is determined at that stage, not at the point of inauguration.
• 😀 The Pro team references the Indonesian Election Law (Undang-Undang No. 10/2016), which doesn’t specify when the minimum age requirement should be calculated, leaving it open for interpretation in favor of the inauguration date.
• 😀 The Contra team raises concerns about potential political manipulation if the age requirement is tied to the inauguration date, pointing to the roles of the Election Commission (KPU) and the President in the process.
• 😀 The Pro team presents a solution to amend the law, clearly stating that the age requirement should be calculated from the date of inauguration, to prevent any ambiguity and ensure equal opportunity for all candidates.
• 😀 The Contra team proposes maintaining the current legal interpretation, where the age requirement is calculated from the Penetapan date, as it ensures consistency in the electoral process and avoids complications arising from the inauguration date.
• 😀 Both teams emphasize the importance of a democratic election process, but they differ on what would ensure the most transparent and equitable system for determining the eligibility of candidates based on their age.

Q & A

What is the main topic being debated in this competition?

The main topic being debated is the minimum age requirement for candidates running for regional head positions in Indonesia. Specifically, the debate focuses on whether the age should be calculated based on the date of inauguration or the date of nomination.

What is the position of Universitas Andalas (Pro side) regarding the minimum age requirement?

Universitas Andalas (Pro side) argues that the minimum age for candidates should be calculated based on the date of inauguration, not the date of nomination. They believe this approach aligns with the democratic principles of the election process and ensures fairness, especially for candidates born towards the end of the year.

What legal basis do the Pro team use to support their stance?

The Pro team references several legal frameworks, including Law No. 10 of 2016 and rulings from the Constitutional Court (Putusan MK No. 70 of 2024) and the Supreme Court (Putusan MA No. 23 of 2024), which support calculating the candidate’s minimum age from the date of inauguration.

What is the key argument made by the Contra team against the Pro side's position?

The Contra team argues that the calculation of minimum age based on the inauguration date creates legal uncertainty and violates the principle of clarity in legal regulations. They assert that the age requirement should be based on the candidate's status as a nominee, not on when they are inaugurated.

What does the Contra team believe about the relationship between election stages?

The Contra team believes that the election process is a series of interconnected stages, where the candidate's eligibility and minimum age should be determined at the point of nomination (when the candidate is officially declared as a candidate), not at the time of inauguration.

How do the Pro team view the timing of the minimum age requirement?

The Pro team views the timing of the minimum age requirement as being most appropriate when the candidate is inaugurated, because that is when they are officially granted authority and responsibilities, ensuring that the election process is legally consistent and fair.

What is the solution proposed by the Pro team to address the issue?

The Pro team proposes revising Law No. 10 of 2016 to explicitly state that the minimum age requirement for candidates should be calculated from the date of inauguration. They also suggest coordinating with the President and the KPU (General Elections Commission) to align the election schedule and ensure legal certainty.

What is the Contra team's proposed solution to the issue?

The Contra team proposes maintaining the current system, where the minimum age for candidates is determined at the time of nomination. They argue that this system ensures clarity and consistency in the election process without introducing unnecessary complications.

How does the Pro team respond to the Contra team's concern about political influence?

The Pro team acknowledges the potential for political influence but argues that their proposed system would provide a clear legal framework, reducing ambiguity. They believe the coordination between the President and the KPU would mitigate political manipulation and ensure fairness.

What is the role of the judges in this debate?

The judges in this debate are tasked with evaluating the arguments presented by both teams. They will consider the legal, philosophical, and practical implications of each team's position on the minimum age requirement for regional head candidates. Their role is to provide an impartial assessment based on the strength of the arguments.