Maqashid Sharia and Democracy: Considering the Relevance of Restricting the Age of Early Voters in the Context of Indonesian Electoral Justice

Abstract

Indonesia’s electoral landscape has sparked significant discourse regarding age limitations for both new voters and political candidates. Central to this conversation is Constitutional Court Ruling 90/PUU-XXI/2023, which permits individuals younger than 40 to seek the presidency or vice presidency, provided they possess prior experience in regional leadership roles. Additionally, the Supreme Court established 30 years as the minimum age threshold for gubernatorial and deputy gubernatorial aspirants through Decision 23 P/HUM/2024. This research investigates the evolving perspective on voting age restrictions through the lens of Maqashid Syariah principles. The methodology combines normative legal analysis with statutory examination to understand how age-based voting regulations are transforming, while assessing the impact on electoral fairness and political leadership quality using Islamic jurisprudential frameworks. The study’s conclusions suggest that age-based voting barriers should be loosened, arguing that chronological age no longer serves as a reliable indicator of civic maturity or decision-making capability. From an Islamic governance perspective, political systems should prioritize collective welfare in accordance with shariah objectives, following the fundamental principle that leadership decisions must serve the greater public interest. The research advocates for reconsidering age restrictions based on the Islamic legal concept that prohibitions require clear justification, implying that age barriers lack an inherent legal foundation. Furthermore, the principle of adaptive jurisprudence indicates that legal interpretations must evolve with changing circumstances, timeframes, locations, and societal needs. Consequently, there is a compelling need to reassess current age-related electoral policies to guarantee equitable democratic processes for all participants in both national and regional elections.