September 22, 2026 | 06:53 pm
TEMPO.CO, Jakarta - Two years into President Prabowo Subianto's term, the legitimacy of his ruling mate, Vice President Gibran Rakabuming Raka, is challenged at the country's top court.
In a petition filed by 12 applicants, including former Deputy Minister of Law and Human Rights Denny Indrayana, the Constitutional Court is asked to review the results of the 2024 General Election. One of the points of contention is VP Gibran's educational background.
The preliminary hearing, which included the submission of the petition, was held at the Constitutional Court in Jakarta late Monday, September 21.
What Does the Lawsuit Entail?
The petitioners brought the application of Article 169 letter r of General Election Law No. 7 of 2017 into question. The article outlines the educational background requirements for presidential and vice presidential candidates. The petition argues that these requirements must be fulfilled from the time of registration and the declaration of running candidate pairs.
During the hearing, Denny urges the Constitutional Court to open up the evidentiary space to review how this requirement was fulfilled during the elections two years ago. He argues that Gibran's inauguration as vice president does not eliminate the administrative issues raised by the petitioner.
"The inauguration is an advanced stage that relies on the validity of the candidacy, not an instrument to remedy the inherent flaws in the candidacy process," Denny said.
Denny also questions how Gibran's educational equivalency certificate was issued less than 24 hours on August 6, 2019, which puts the graduation documents that served as the basis of this certificate under scrutiny.
"The equivalency certificate that appears to have been issued by the Ministry of Education and Culture's Directorate General of Elementary and Secondary Education was issued in less than a day, specifically less than 24 hours on August 6, 2019. As of the time of submission of the application, no supporting documents for graduation had been provided," said Denny.
According to Denny, this relates to Article 1, paragraph 7 of Ministerial Regulation Number 29 of 2014 concerning supporting documents for equivalency in the form of diplomas or certificates.
The petition also questions the implementation of Article 18 (3) of Law No. 19 of 2023 which outlines the proof exemption for candidates who studied abroad for high school and already hold a college diploma.
This exemption was not present during the three previous elections in 2009, 2014, and 2019. It was also absent under the draft public hearing (RDP) with Commission II of the House of Representatives in September 2023.
The petitioners argues that possessing a college diploma does not automatically disqualify the requirement for a high school or equivalent education.
Denny points to a previous top court ruling in the Pesawaran and South Nias regional election disputes, which, he argues, disqualified regional head candidates who did not meet the high school graduation requirement despite holding a bachelor's or master's degree.
Annulment of Gibran's VP Candidacy
The petitioners request the Constitutional Court to review the legal consequences if their argument on Gibran's educational background is proven.
The petitioners request, among other things, the annulment of Gibran's designation as a vice presidential candidate and a number of decisions by the General Elections Commission for the 2024 elections.
Denny believes that meeting candidacy requirements falls within the realm of electoral disputes, not an impeachment mechanism.
"Gibran cannot invoke Article 7a because he never met the educational requirements from the beginning. Therefore, the action taken is disqualification as a vice presidential candidate," said Denny.
The petitioners also acknowledge that the lawsuit is filed well after the deadline for filing election disputes but ask for the Constitutional Court to remain willing to examine the issues they are raising.
The next hearing is scheduled for Wednesday, September 23, 2026. The agenda includes hearing the response from the General Elections Commission, statements from the Elections Supervisory Agency (Bawaslu), and the statements from other "related parties."
Read: The Challenge Against Gibran's Educational Background
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