Dispute Over Gibran's Educational Requirements in Constitutional Court: Allegations of a "Stealth Clause" and KPU Admissions

Thus, it can be concluded that Gibran's high school equivalency certificate is equivalent to a diploma.

In addition, there is Article 18 paragraph (1) of KPU Regulation No. 19 of 2023.

In KPU Regulation 19/2023, the KPU exempts proof of high school graduation for candidates who studied abroad and possess proof of higher education graduation.

“Thus, the petitioners’ claims questioning the fulfillment of educational qualifications cannot simply be the basis for declaring that the candidacy in question does not meet the applicable legal provisions,” said the KPU’s attorney.

The KPU also noted that the complaint regarding Gibran's educational qualifications in the 2024 election is categorized as an impeachment.

“In essence, the petitioners’ request falls under the impeachment category,” stated KPU attorney Jufaldi in the MK hearing room in Jakarta on Wednesday (September 23, 2026).

KPU Admits SMA Graduation Requirement Exemption Rule Created for 2024 Presidential Election

Meanwhile, the KPU acknowledged that Article 18 Paragraph (3) of KPU Regulation No. 19 of 2023 regarding the exemption from proof of high school graduation was created for the 2024 presidential election.

“Yes (it was made for the 2024 presidential election),” said KPU Chairman Afifuddin during the hearing on the petition concerning Gibran's candidacy in the 2024 presidential election at the Constitutional Court on Wednesday night (September 23, 2026).

Initially, Constitutional Judge Enny Nurbanigsih highlighted the issue of the high school graduation exemption rule as outlined in KPU Regulation No. 19 of 2023, Article 18, Paragraph (3), which was also challenged by the petitioners.

“Is that norm indeed created for every presidential candidate requirement, or is it specifically designed only for the 2024 presidential election?” Judge Enny inquired.

Afifuddin stated that the norm is also used in local elections before and after the 2024 presidential election.

Meanwhile, KPU Commissioner Idham Kholid noted that the KPU's regulations are based on Minister of Education and Culture Regulation No. 29 of 2014 on the legalization of foreign diplomas and Minister of Education and Culture Regulation No. 6 of 2022 regarding special equivalency in higher education.

“Regarding Minister of Education and Culture Regulation No. 29 of 2014 on the legalization of foreign diplomas, it has been referred to in KPU decisions regarding the technical guidelines for the verification of registration of candidate pairs for regional elections in the 2020 simultaneous elections,” he explained.

Constitutional Judge Saldi Isra then sought to clarify what Judge Enny had inquired earlier.

Saldi emphasized the significant time gap between Minister of Education and Culture Regulation 29 of 2014 and the 2024 election.

He then questioned whether there had been any rules on equivalency of foreign diplomas in the five previous elections.

“It’s not about whether the Minister of Education and Culture regulation is to be used as a consideration, but whether the material stating that presidential or vice-presidential candidates from abroad has ever existed in previous KPU regulations during the five-year elections before 2024?” Saldi pressed.

Afifuddin then affirmed that such rules had not been established in previous presidential elections prior to 2024.

Enny briefly responded to Afifuddin's statement.

“That's actually the answer I was looking for,” Enny said.