Election Law Hearing: Arsul Sani Remarks on Regional Election Cases Where Candidates Have Master's Degrees Yet Lack High School Diplomas

JAKARTA, KOMPAS.com - Constitutional Judge Arsul Sani addressed the issue of regional head elections that resulted in disqualification due to the lack of a high school diploma (SMA), even for candidates holding a bachelor's degree (S1) or even a master's degree (S2).

"At the Constitutional Court, there are many cases in the regional elections where candidates have (degrees) S1 or even S2 but do not finish high school or do not complete package C. How is that possible?" said Arsul Sani, as quoted in the minutes of the judicial review session of Election Law No. 7 of 2017, case number 382/PUU-XXIV/2026, on Tuesday (20/10/2026).

This remark was made by Arsul while providing counsel during the preliminary examination of the election law case.

He also advised petitioners to replace the requirement of submitting a high school diploma for presidential and vice-presidential candidates with proof of their highest educational qualification, such as a bachelor's degree.

According to Arsul, this can be directly communicated to the House of Representatives as the lawmaker regulating elections, including the requirements for presidential and vice-presidential nominations.

"The Election Law is currently being discussed in the House of Representatives, so Mas Farhan Hilmy's (the petitioner) aspirations should also be brought there, not just to the Constitutional Court, so that it can be fought for that if someone has a bachelor's degree, especially a postgraduate degree, they do not need to submit a high school diploma," Arsul stated.

Petitioner's Demands

This case was brought forth by alumni of the Faculty of Medicine at Universitas Sebelas Maret (UNS), Farhan Hilmy.

He is challenging the administrative requirements for registering presidential and vice-presidential candidates stated in Article 227 letter l of the Election Law, which requires the submission of a high school diploma or its equivalent.

He argues that the lack of recognition for valid higher education diplomas as an alternative to replace the high school diploma in the presidential and vice-presidential candidate requirements potentially undermines the voting rights of citizens who have graduated from higher education institutions.

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

In his demands, he asks the Court to declare the phrase "by educational units or secondary education programs" in Article 227 letter l of the Election Law unconstitutional and without binding legal force (conditionally unconstitutional) unless it is interpreted to include higher education units or relevant ministries for candidates holding valid higher education diplomas.

Pesawaran Election Case

The regional election case mentioned by Arsul Sani was that of Pesawaran regent candidate Aries Sandi Darma Putra during the 2024 regent election.

Aries Sandi, paired with Supriyanto, was disqualified despite winning with 149,391 votes, surpassing his rival Nanda Indira-Antonius Muhammad Ali, who received 97,625 votes.

Aries was deemed to have not met the requirement of holding a high school diploma or its equivalent as a prerequisite for regent candidacy.

The ruling, Number 20/PHPU.BUP-XXIII/2025, was read on February 24, 2025, by Chief Justice Suhartoyo.

"We declare the disqualification of the Bupati candidate from the pair of candidates Number 1, Hi. Aries Sandi Darma Putra, from participation in the 2024 Pesawaran Regent and Deputy Regent Election," Suhartoyo stated.

In its legal considerations, the Court believed that Aries Sandi Darma Putra had never completed the third grade of high school either at SMA Arjuna or at any equivalent institution.

Even though evidence was submitted in court showing that Aries Sandi holds a Bachelor's degree in Law from Universitas Saburai and a graduation certificate from the Master's Law program at Universitas Lampung.