Constitutional Court to Hear Dispute Over Gibran’s Vice Presidential Candidacy: What Does the Petition Say?

Constitutional Court to Hear Dispute Over Gibran’s Vice Presidential Candidacy: What Does the Petition Say?

JAKARTA, KOMPAS.com - The Constitutional Court (MK) is set to hold a hearing on the dispute over the general election results (PHPU) concerning the eligibility requirements for Vice Presidential candidate Gibran Rakabuming Raka. The case, numbered 01/PHPU.PRES-XXIV/2026, was filed by constitutional law expert Denny Indrayana and colleagues.

Denny, along with several parties, submitted the lawsuit to the MK on Thursday (September 10, 2026), arguing that Gibran does not meet the educational qualifications.

The petitioners include the Independent Committee for Election Monitoring, Party Ummat, Denny Indrayana, the Forum of Retired Military Personnel, along with Subhan, Bonatua Silalahi, and Tiurma MS Sihombing.

"We have found initial evidence indicating that the vice presidential candidate from pair number 02 does not satisfy the educational requirement. Specifically, the minimum education is graduation from senior high school or its equivalent," Denny said at the MK building last Thursday.

In the petitum read by legal counsel Refly Harun, the petitioners ask the MK to fully grant their request.

"Second, to declare that the education requirement stipulated in Article 169 letter r of Law Number 7 Year 2017 concerning General Elections is an imperative condition that must be lawfully fulfilled at the time of registration and determination of the presidential and vice presidential candidate pairs," Refly read.

Third, to disqualify Vice Presidential candidate Gibran Rakabuming Raka for failing to meet the education requirement as stated in Article 169 letter r of Law Number 7 Year 2017 concerning General Elections.

"Fourth, to declare that the appointment of Gibran Rakabuming Raka as Vice Presidential candidate in the 2024 General Election is legally flawed from the outset and therefore has no binding legal force," he added.

Fifth, to annul the General Election Commission's decision regarding Gibran’s candidacy, including the invalidation of Gibran Rakabuming Raka’s inauguration as Vice President conducted by the People's Consultative Assembly.

The petitioners also request the MK to order the People's Consultative Assembly to hold a session to elect a Vice President from two candidates proposed by the President, no later than 60 (sixty) days after this decision is announced, as mandated by Article 8 paragraph (2) of the 1945 Constitution of the Republic of Indonesia.

The hearing is scheduled for September 21, 2026, following the Constitutional Court Regulation (PMK) issued on September 16, 2026.

The preamble of PMK 1/2026 states that the regulation was issued due to the receipt of the 2024 Presidential Election PHPU lawsuit on September 10, 2026.

"The stipulation of stages, activities, and the schedule for handling requests as referred to in letter c is a procedural regulation and does not represent an assessment of the petition's substance," reads the preamble letter d of PMK 1/2026, quoted from the official MK website on Friday (September 18, 2026).

The PMK also outlines a 14-day hearing schedule, in accordance with Election Law Number 7 Year 2017.

However, the Election Law also sets a maximum deadline for submitting PHPU for presidential elections, which is no later than three days after the General Election Commission announces the results.

Spokesperson and MK Judge Enny Nurbaningsih explained the rationale for holding the 2024 presidential election dispute hearing.

Enny said that as a judicial institution, the MK is prohibited from dismissing a case that has been filed without first conducting examination and hearings.

"In line with the principle that courts are forbidden from rejecting cases, the MK must accept (hold hearings on) cases submitted by any petitioner," Enny said, as reported by Tribunnews on Friday (September 11, 2026).

She added that the MK’s stance on the presidential dispute request will proceed through preliminary hearings and then be decided in the Judges’ Deliberation Meeting (Rapat Permusyawaratan Hakim - RPH).

"The MK's position on cases received after the preliminary hearings will be decided at the RPH, in accordance with procedural law," she stated.