Election Law Challenged, UNS Alumni Request Higher Education Diploma as Requirement for Presidential Candidates

JAKARTA, KOMPAS.com - Farhan Hilmy, an alumnus of the Faculty of Medicine at Sebelas Maret University (UNS), has urged the Constitutional Court (MK) to make higher education diplomas a requirement for administrative proof in the registration of presidential (capres) and vice-presidential (cawapres) candidates.

This request is part of petition number 382/PUU-XXIV/2026, which challenges Article 227, letter l of Law Number 7 of 2017 on General Elections.

"We declare that the phrase 'by an educational institution or secondary education program' in Article 227, letter l of the Election Law is contrary to the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) and lacks binding legal strength conditionally ('conditionally unconstitutional') unless it is interpreted to include higher education institutions or the ministry responsible for higher education matters for candidates with valid higher education diplomas," Farhan read from his petition during a virtual hearing on Tuesday (20/10/2026).

Article 227, letter l outlines the requirements for administrative proof for presidential and vice-presidential candidates, stating, 'proof of graduation in the form of a photocopy of a diploma, certificate of completion, or other documentation legalized by an educational institution or secondary education program.'

Farhan argues that the phrase 'by an educational institution or secondary education program' in Article 227, letter l of the Election Law restricts the legalization of proof of graduation solely to the secondary level.

"The norm established by Article 227, letter l of the Election Law only accommodates conventional formal secondary education pathways. However, in global interactions and international education systems, such as those in Singapore, Australia, and the UK, there are acceleration pathways like integrated diploma programs," Farhan stated.

He contends that neglecting valid higher education diplomas as a means of proof of graduation constitutes undue formalism, creating legal uncertainty and undermining substantive justice as guaranteed in Article 28D, paragraph (1) of the 1945 Constitution.

"Based on the principles of legal logic, argumentum a fortiori, if someone has completed a higher level of education, such as a bachelor's, master's, or doctoral degree recognized by the state, then the graduation requirements from lower levels are academically fulfilled and surpassed," Farhan emphasized.

He noted that the absence of recognition for valid higher education diplomas as an alternative proof in Article 227, letter l of the Election Law could potentially invalidate the voting rights of citizens who are legitimate university graduates.

"This clearly discriminates against and obstructs access to opportunities in government, as guaranteed in Article 28D, paragraph (3) of the 1945 Constitution of the Republic of Indonesia," Farhan stated.