Gibran's Fight in the Administrative Court, Expert: Impossible for Defendant to File a Judicial Review

JAKARTA, KOMPAS.com - Constitutional Law Expert from Jentera School of Law, Bivitri Susanti, stated that it is impossible for the defendant to file for a judicial review (PK) in the Administrative Court (PTUN).

This comment was made in response to Vice President Gibran Rakabuming Raka’s intention to file a PK regarding the Supreme Court's (MA) ruling that annulled the equivalency certificate (Suket) for his diploma.

"It is not possible for the defendant to file a PK in PTUN, as it is an administrative court," Bivitri said to Kompas.com on Tuesday (10/11/2026).

Bivitri explained that according to the Constitutional Court (MK) Decision Number 24/PUU-XXII/2024, which has been endorsed by the Supreme Court through Circular Letter number 2 of 2024, the PTUN is the venue where citizens can challenge the government.

Therefore, she added, if the government loses at the cassation level, a PK cannot be filed.

"A PK can be filed only if it is initiated by the plaintiff; however, in this case, the plaintiff has won, while the government, in this case, the Ministry of Education and Culture, has lost," she stated.

Some exceptions can occur, such as conflicting rulings, but this does not apply to Gibran’s Suket case.

For instance, disputes over regional assets or overlapping rulings may arise.

Gibran ready to fight

Vice President Gibran Rakabuming Raka previously stated he was prepared to challenge the Supreme Court's ruling regarding the scandal surrounding his diploma equivalency.

He mentioned that his resistance aims to prove that the questioned diploma was recommended by President Prabowo.

"One of his recommendations was for me to continue fighting in the PTUN by presenting all documents from elementary school to bachelor's degree," he revealed.

Gibran also noted that Prabowo urged him to coordinate with the Ministry of Education and Culture as the defendant to file a PK in the Supreme Court.

"And to also coordinate with the Ministry of Education and Culture to file a PK in the MA," he said.

He expressed his deep respect for all public aspirations, critiques, and recommendations concerning the current dynamics.

"I do not wish for the current dynamics to become a prolonged political polemic," he asserted.