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A court checked Gibran's school record, then ruled nobody could ask

Politics · · · 🇦🇺 source (indonesiaatmelbourne.unimelb.edu.au)

▼ Bad for Indonesia court sidesteps a legitimacy question it opened

Inside the Constitutional Court building in Jakarta
Photo: mkri.id

Indonesia's Constitutional Court has rejected a petition that questioned whether Vice President Gibran Rakabuming Raka met the school requirement to run in the 2024 election. The decision, numbered 01/PHPU.PRES-XXIV/2026, turned on who is allowed to complain rather than on the paperwork itself. Writing for Indonesia at Melbourne, legal researcher Alvino Kusumabrata says the judges stopped one step short of the question everyone was asking.

The election law says a candidate who studied abroad must hold a document showing that their schooling equals Indonesian senior high school. That is Article 169(r) of Law 7/2017. The court did look at this point, and the judges said they found no convincing evidence that such a document existed. Then they dismissed the case anyway, on "standing", the legal right to bring a complaint at all. Under Article 74(1)b of Law 24/2003, only a candidate in the election can file this kind of dispute. The petitioners were a lawyer, some retired officers, an educator, and political and election-monitoring figures, so none of them counted.

Kusumabrata calls that half-brave. The court had already bent one rule to hear the case, because the law allows only three days after results are announced to file, and this petition came months late. The judges let it through under "special circumstances". He argues they could have used the same reasoning to widen standing to affected citizens. He links the caution to who now sits on the bench, pointing to the appointment of Golkar politician Adies Kadir as a justice, and to the court's refusal to revisit its own 2023 ruling that let Gibran run in the first place. In that case the chief justice was Gibran's uncle, and he did not step aside.

Why it matters

If you ever want to test whether a candidate followed the rules, this decision tells you the door is almost shut: unless you ran in the same race, the court will not hear you. That leaves a question about the second-highest office in the country to politicians rather than judges, which is a slower and messier way to settle it. Watch whether "special circumstances" ever gets used again for someone with less power, because that is the test of whether the phrase means anything.

Constitutional CourtGibranRule of lawElections

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