Experts Highlight Two Conflicting Norms on the Proposal of Gibran's Replacement as Vice President

JAKARTA, KOMPAS.com - Constitutional law expert from Sunan Kalijaga State Islamic University (UIN) Yogyakarta, Gugun El Guyanie, revealed that there are two conflicting norms in the mechanism for proposing a vice presidential candidate to the People's Consultative Assembly (MPR).

"Article 8 paragraph 2 of the 1945 Constitution states: In the event of a vacancy in the Vice Presidency, no later than 60 days, the MPR shall convene a session to elect a Vice President from two candidates proposed by the President," Gugun stated in remarks quoted on Sunday (15/11/2026).

A similar provision is also outlined in Article 4 letter e of the Law on the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council, and the Regional People's Representative Council (MD3 Law).

However, the explanation of the MD3 Law states that the proposal of two vice presidential candidates to the MPR is an initiative of the president, where the candidates originate from political parties or coalitions of political parties that proposed the presidential and vice presidential pair in the election.

"In contrast to the explanation of the MD3 Law Article 4 letter e, President Prabowo is bound and limited in determining the vice presidential candidates. They can only be from the political parties that supported Prabowo and Gibran in the 2024 election," he said.

According to Gugun, this difference in normative references leads to different legal consequences.

If relying on Article 8 of the 1945 Constitution and Article 4 of the MD3 Law, President Prabowo has full prerogative rights to propose two vice presidential candidates from both coalition and non-coalition political parties, as well as academics and professionals.

On the other hand, if adhering to the explanation of Article 4 letter e of the MD3 Law, President Prabowo would be constrained and limited only to the political parties supporting the Prabowo-Gibran pair in the 2024 election.

"Of course, the explanation of the law does not have binding legal power. But who knows, that explanation might just become the political consensus of the majority of members of the DPR and MPR," he remarked.

He believes that this difference in interpretation should be openly discussed to determine the agreed provisions, considering that constitutionally, Article 8 paragraph 2 of the 1945 Constitution does not specifically regulate the origin of the two vice presidential candidates proposed by the president to the MPR.

For political parties that do not support the Prabowo-Gibran pair in the 2024 election, the provisions of the MD3 Law's explanation surely provide an opportunity for them to propose their own candidates, such as the National Awakening Party (PKB), NasDem Party, and the Indonesian Democratic Party of Struggle (PDI Perjuangan), which are outside the government.

On the other hand, professionals also express hopes of being considered by President Prabowo.

Nevertheless, the political dynamics also open up other possibilities, including the option where President Prabowo might choose a close internal figure.

"Or Prabowo might just opt for his 'Hambalang Boys': Sugiyono or Dasco, ignoring input from other political parties," Gugun added.