KPU Defends Gibran's Candidacy at Constitutional Court: High School Diploma Not Mandatory, Equivalency Valid
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- KPU menegaskan dokumen pencalonan Gibran Rakabuming Raka telah diverifikasi dan memenuhi syarat administratif pada pendaftaran 27 Oktober 2023.
- Dalil pemohon soal kewajiban ijazah SMA digugurkan oleh PKPU 19/2023 yang memberi pengecualian bagi lulusan sekolah asing dengan bukti penyetaraan.
- Permohonan diskualifikasi Gibran dan pembatalan pelantikannya berpotensi menciptakan preseden hukum tata negara jika MK mengabulkannya.
The General Elections Commission (KPU) has affirmed that the candidacy requirements for Gibran Rakabuming Raka as vice-presidential candidate in the 2024 Presidential Election were met administratively. The statement was made by the KPU as respondent in the Constitutional Court (MK) hearing of case Number 01/PHPU.PRES-XXIV/2026, Wednesday (23/9), in response to a lawsuit questioning the validity of Gibran's education.
The petitioners—comprising the Independent Committee for Election Monitoring (KIPP), Partai Ummat, Denny Indrayana, six citizens grouped in the Forum Purnawirawan Prajurit TNI, M Subhan, Bonatua Silalahi, and Tiurma M.S. Sihombing—argued that the education requirement in Article 169 letter r of the Election Law is imperative and must be fulfilled at the time of registration. They asked the MK to disqualify Gibran, declare his appointment legally defective from the outset, annul his inauguration by the MPR, and order the MPR to elect a new vice president within 60 days.
Responding to those arguments, the KPU's legal counsel explained that an equivalency certificate has a standing equal to a high school diploma. The legal basis is Article 1 number 7 of Permendikbud Number 29 of 2014, which defines equivalency as a document certifying the equivalence of a diploma from an international or foreign curriculum education unit with a domestic diploma or STTB. "The equivalency certificate has the same value as a high school diploma," the KPU's legal counsel said during the hearing.
The KPU also rejected the argument that all administrative requirements must be met cumulatively. According to the respondent, Article 6 paragraph (2) of the 1945 Constitution delegates the candidacy requirements for candidate pairs to law, which is then elaborated in Article 18 paragraph (3) of PKPU 19/2023. That rule explicitly exempts candidates who studied at a foreign school abroad from the obligation to submit proof of high school graduation, as long as they hold valid equivalency proof. The KPU stressed that Article 169 juncto Article 227 of the Election Law, synergized with Permendikbud 29/2014, formed the basis for the issuance of the PKPU.
"The requirement documents submitted by Gibran Rakabuming Raka as vice-presidential candidate have been verified by the respondent and declared eligible. Therefore, the petition's argument questioning the fulfillment of the education requirement does not automatically become grounds to declare that the candidacy in question failed to comply with the applicable legal provisions," the KPU asserted.
The case highlights a broader debate about legal certainty in the presidential and vice-presidential candidacy process. If the MK grants the petition, the decision would not only affect Gibran but could also shake government stability and set a precedent for future presidential election disputes. Conversely, a rejection by the MK would strengthen the legitimacy of the KPU's administrative interpretation and affirm that educational equivalency is a valid legal instrument.
For the public, this hearing is a test of the MK's independence in adjudicating a case that directly intersects with power. The upcoming verdict will be read as a signal of how far the judiciary can withstand political pressure, while also gauging the elite's degree of compliance with the rules of the game they themselves created. The question is, will the MK maintain the status quo or open a new chapter of deeper constitutional dispute?
