Indonesia Constitutional Court Set to Rule on Gibran’s Education Eligibility

The ruling, due at 8 p.m. local time, could have legal and political implications depending on how the court rules, according to constitutional law expert Henri Subiakto, a professor at Airlangga University.

Henri outlined three possible scenarios.

First, the court could reject the petition.

Under this scenario, Gibran’s position as vice president would remain unchanged. A Constitutional Court ruling is final, closing the route for further election-result disputes through the court over the issue.

Henri said, however, that questions surrounding Gibran’s educational documents could remain a subject of political debate. A separate legal challenge at the Supreme Court concerning the validity of an education equivalency certificate could also continue.

Second, the court could reject the petition after examining the substance of the case.

In this scenario, the court could find that the General Elections Commission (KPU) had properly verified Gibran’s eligibility based on KPU Regulation No. 19 of 2023 and a 2019 education equivalency document.

That would mean the registration of the presidential and vice presidential ticket, the results of the 2024 presidential election and Gibran’s inauguration would remain legally valid.

Henri said such a ruling would strengthen the government’s and the KPU’s administrative position, although it would not necessarily end debate over the educational documents discussed during the proceedings.

The petitioners could still pursue other legal avenues, including criminal, ethical or political mechanisms, if they had sufficient legal grounds, he said.

Third, the court could partially or fully grant the petition.

This would be the most consequential scenario if the court ruled that Gibran had failed to meet the educational requirement at the time of his registration and annulled the KPU’s decision concerning his candidacy.

Because Gibran was inaugurated as vice president nearly two years ago, Henri said the court would need to clearly spell out the legal consequences of such a ruling.

One question would be whether the ruling should require the People’s Consultative Assembly (MPR) to take steps to fill the vice presidential vacancy under Article 8(2) of the 1945 Constitution, or simply declare a legal defect without issuing further operational orders.

Henri said a ruling that invalidated the legal basis of Gibran’s candidacy could create political uncertainty and affect President Prabowo Subianto’s administration.

He also said such a decision could establish a new precedent for challenging the eligibility requirements of elected officials after they have already taken office.

Beyond the legal implications, Henri said the case could also test the political relationship between Prabowo and former president Joko Widodo, Gibran’s father.

The Constitutional Court is scheduled to announce its ruling on Tuesday evening. (Edi Baskoro)