Election Law Challenged at Constitutional Court, Petitioners Cite US Presidential Candidates' Lack of Degree Requirement

JAKARTA, KOMPAS.com - Petitioners challenging the constitutionality of Law Number 7 of 2017 on Elections (Election Law) have highlighted that candidates for president in the United States (US) are not required to present formal educational qualifications.

This argument serves as a basis for the Constitutional Court (MK) to remove the article mandating that presidential and vice-presidential candidates must have at least a high school diploma or its equivalent.

"The United States, as a country with a presidential governance system, does not impose formal educational requirements for an individual to become President," the petition registered on Thursday (12/11/2026) states.

The petitioners explain that Article II Section 1 Clause 5 of the US Constitution only restricts presidential requirements to citizenship, a minimum age of 35 years, and residency for 14 years.

In addition to the United States, other democracies such as France and India also do not mandate formal educational qualifications as a constitutional requirement for national leadership nominations.

"Based on this comparison, it can be seen that formal educational requirements are not the only approach that democratic countries can use to determine someone's eligibility to be President or Vice President," the petition document asserts.

According to the petitioners, a person's leadership capability is not solely determined by formal degrees but can also be developed through organizational, governmental, and community service experiences.

Formal educational requirements are perceived as overly administrative and have the potential to provoke prolonged political disputes that disrupt national stability.

"The election law system should not place formal educational administrative issues as a source of political conflict that can disturb the concentration of government administration," the petitioners state.

This lawsuit is officially registered under Case Number 423/PUU-XXIV/2026 in the Constitutional Court.

The petition is submitted by Jovi Andrea Bachtiar as the petitioner, accompanied by legal representatives Sinta Dwi Apriliyanti, and Buce Abraham Beruat.

In their request, the petitioners urge the MK judges to grant the entire petition and declare Article 169 letter r of the Election Law contrary to the 1945 Constitution of the Republic of Indonesia and having no binding legal power.