Djibril Muhammad, Jakarta – The Constitutional Court began examining a petition challenging the eligibility of Vice President Gibran Rakabuming Raka in the 2024 presidential election, with the applicants questioning whether he met the required educational qualifications.
The preliminary hearing for case was held at the court in Jakarta on Monday evening.
The petition was filed by 12 applicants, including former Deputy Law and Human Rights Minister Denny Indrayana. Constitutional lawyer Bambang Widjojanto is among the applicants' legal representatives.
At the hearing, Bambang argued that the educational requirements under Article 169(r) of Law No. 7/2017 on General Elections were mandatory and had to be fulfilled when presidential and vice presidential candidates registered and were formally designated.
Denny urged the court to allow evidence to be examined, arguing that Gibran's inauguration did not resolve the alleged administrative flaws.
"Inauguration is a subsequent stage that rests on the validity of the candidacy, not an instrument to remedy defects attached to that candidacy," Denny said.
Questions over education equivalency
The applicants questioned an education equivalency certificate reportedly issued by the Education and Culture Ministry's Directorate General of Primary and Secondary Education on Aug. 6, 2019, allegedly within less than 24 hours.
Denny said the documents supporting the certificate had not been disclosed, raising questions about the validity of the equivalency process. He referred to Article 1(7) of Education and Culture Ministry Regulation No. 29/2014, which addresses supporting documents such as diplomas, certificates and degrees.
The applicants also challenged Article 18(3) of General Elections Commission Regulation No. 19/2023. The provision exempts candidates who studied abroad and hold university degrees from submitting evidence of high school graduation.
Denny argued that the exception was absent from regulations governing the 2009, 2014 and 2019 presidential elections. He also questioned the provision's drafting, saying it did not appear in the regulation's public consultation draft or in a September 2023 hearing with the House of Representatives' Commission II.
The applicants maintain that holding a university degree does not automatically remove the requirement to meet high school education qualifications or their equivalent.
Denny cited Constitutional Court rulings concerning regional elections in Pesawaran and South Nias, which he said disqualified candidates who failed to meet high school graduation requirements despite holding undergraduate or postgraduate degrees.
Applicants seek Gibran's disqualification
Beyond the education requirements, the applicants asked the court to examine the legal consequences if their arguments are proven. They seek to annul Gibran's designation as vice presidential candidate, along with several General Elections Commission decisions related to the 2024 election.
Denny characterized the case as an electoral dispute rather than an impeachment or removal proceeding.
"Gibran cannot invoke Article 7A because he never fulfilled the educational requirements from the outset. What is being sought is cancellation of his designation as vice presidential candidate, or disqualification," Denny said.
The applicants acknowledged that their petition was filed after the statutory deadline for election-result disputes had expired. They nevertheless urged the court to consider the substance of their claims.
The Constitutional Court has scheduled the next hearing for Wednesday, Sept. 23, at 7 p.m. Jakarta time. The agenda includes responses from the General Elections Commission as the respondent, statements from the Elections Supervisory Agency and submissions from related parties.
Source: https://jakartaglobe.id/news/petition-challenges-vp-gibrans-education-qualification-for-2024-electio