House Claims It Has Evidence 'Gibran Clause' Was Smuggled Into KPU Regulation, KPU Denies
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- Anggota Komisi II DPR Ahmad Doli Kurnia menuding Pasal 18 ayat (3) PKPU Nomor 19 Tahun 2023 menyalahi undang-undang dan disisipkan tanpa sepengetahuan parlemen.
- KPU membantah keras, menyatakan draf norma itu sudah dibahas dalam rapat konsinyering sehari sebelum RDP bersama Komisi II pada September 2023.
- Sengketa ini berpotensi bergulir ke DKPP dan menyeret integritas proses legislasi pemilu, dengan Doli mengaku menyimpan rekaman video hingga dokumen tertulis sebagai bukti.
Member of House Commission II Ahmad Doli Kurnia said he has evidence that Article 18 paragraph (3) of General Elections Commission (KPU) Regulation No. 19 of 2023 was smuggled into the regulation without parliament's knowledge. The article, which exempts presidential and vice-presidential candidates who graduated from foreign schools from the high school diploma requirement, is seen as contradicting the law and has become a controversy because it is strongly suspected of accommodating Gibran Rakabuming Raka's candidacy in the 2024 presidential election.
Doli described irregularities in the chronology of how the article appeared. According to him, the norm suddenly appeared in the draft without ever being discussed or notified by the KPU during the drafting of the election stages. "That article and paragraph are very strange. It suddenly appeared, we did not expect it to be included without explanation and notification," he said at the Parliamentary Complex, Senayan, Jakarta, Monday (12/10).
That statement was reinforced by Doli's claim that he kept complete documentation, from video recordings of meetings, written notes, to the pointers presented during the deliberations. As a former chairman of Commission II who led meetings with the KPU in 2023, he stressed there was no formal proposal to include the article. "We already have the data, complete video, and I can say it was not there," he said.
The KPU moved quickly to deny the allegation. KPU RI member Idham Holik stressed that the draft norm material had existed since the consignment meeting on 19 September 2023, before the hearing with Commission II. "That material was already discussed in the consignment forum, it was not smuggled in," Idham said when contacted, Friday (9/10). This denial became a turning point that placed the two state institutions in opposition.
"We already have the data, we have all the video, written data, the pointers that were presented, the video is all complete, and I can say it was not there." — Ahmad Doli Kurnia
This controversy is not merely a clash of claims between institutions. It touches the core of the integrity of the election legislation process, in which every norm that is born must have a traceable record of deliberation. If an article was indeed inserted without discussion, then the procedure for drafting the KPU regulation as a derivative of the law deserves to be questioned. Conversely, if the KPU can prove the draft was discussed openly, Doli's allegation could become a political attack that weakens public trust in the election organizer.
Doli hopes the truth will come to light at the Election Organizer Ethics Council (DKPP), where the KPU is said to have been reported. "Perhaps it will start to come out there," he said. The DKPP becomes the next testing ground: whether the report is strong enough to prove a code of ethics violation, or whether it stops as a rhetorical duel without legal consequences.
What is most affected by this dispute is public trust in the neutrality of the KPU and the House in drafting the rules of the election game. If the DKPP finds evidence of a smuggled article, pressure could emerge to revise the KPU regulation or even re-evaluate the consignment mechanism. Conversely, if the report fails, the question shifts: how strong is Doli's claim, and why has the evidence he calls complete not been published in the open?
