The Mahkamah Konstitusi heard sharp clashes on October 1, 2026, over when election rules were drafted, as former Deputy Minister of Law and Human Rights Denny Indrayana challenged expert testimony regarding the 2024 presidential election dispute. While experts argued that General Election Commission regulations were established well ahead of candidate registration, Indrayana countered that the timeline was a narrow seven-day window that directly favored Gibran Rakabuming Raka.
Constitutional Court Examines Gibran Education Dispute
The legal challenge, registered under case number 01/PHPU.PRES-XXIV/2026, centers on allegations that Vice President Gibran Rakabuming Raka failed to meet mandatory high school educational requirements when he registered as a candidate. 12 petitioners—including Indrayana, former Religious Affairs Minister Fachrul Razi, and Soenarko—filed the lawsuit on September 10, 2026, asking the court to disqualify Gibran and annul his inauguration by the MPR.
Petitioners argue that the education documentation was missing or withheld during the registration phase, making the candidacy administratively flawed and manipulative. Prior attempts to challenge the qualifications through general courts, the State Administrative Court, and the Central Information Commission failed to yield clarity. The General Election Commission serves as the respondent, with the Election Supervisory Board acting as a related party in the proceedings.
Legal Experts Clash Over Election Commission Regulation Timelines
During the October 1 hearing at the Constitutional Court, constitutional law expert Agus Riwanto testified that Article 18 Paragraph (3) of General Election Commission Regulation Number 19 of 2023 was not crafted to benefit Gibran. Riwanto, appearing as an expert for the election commission, maintained the rule was formulated before the candidate nomination phase through official coordination forums and focus group discussions.
Indrayana disputed that narrative during cross-examination, pointing out that former election commission chairman Hasyim Asy’ari signed the regulation on October 9, 2023, before it was officially promulgated on October 13, 2023. Indrayana emphasized that the timeline sat just three days before the Constitutional Court’s Decision Number 90 altered age requirements on October 16, 2023, and only one week before candidate registration opened on October 16 and 18, 2023. Consequently, Indrayana argued that Riwanto’s claim of a distant drafting schedule is factually incorrect.
Frequently Asked Questions About the Constitutional Court Proceedings
What specific legal remedy are the petitioners demanding from the court?
The 12 petitioners are asking the Constitutional Court to officially disqualify Gibran Rakabuming Raka as vice president and invalidate the MPR’s inauguration of him based on alleged administrative defects concerning his educational qualifications.
Who are the prominent figures leading the legal challenge against the vice president?
The lawsuit is spearheaded by former Deputy Minister of Law and Human Rights Denny Indrayana, alongside notable figures such as former Religious Affairs Minister Fachrul Razi and former Danjen Kopassus Soenarko.
When did the Constitutional Court officially register this particular election dispute case?
The court officially registered the lawsuit as case number 01/PHPU.PRES-XXIV/2026 on September 17, 2026, following the initial filing submitted by the petitioners on September 10, 2026.