Unraveling Gibran's Narrowing Legal Path Amidst Diploma Controversy

Strict requirements must be met, including legal grounds that can justify the request for a judicial review.

"Judicial reviews also have strict requirements. Gibran cannot just declare he will go to the Ministry of Education to seek a judicial review," Herlambang stated when contacted by Kompas.com on Wednesday (11/11/2026).

According to Herlambang, another issue is the timing for presenting evidence.

The educational documents that Gibran claims he will present should have been submitted during the court proceedings.

He believes it is inappropriate for evidence that should have been presented initially to instead be sought after the case has progressed through various judicial levels up to the Supreme Court.

"Thus, it cannot be invented by the Ministry of Education, and certainly, Gibran should have provided evidence from the beginning, not just during the processes that have already taken place from the bottom to the Supreme Court," he elaborated.

Why is Proving the Diploma in PTUN Considered Misguided?

Another issue that requires attention is Gibran's plan to pursue the PTUN route again.

This move is viewed as not necessarily restoring the status of the annulled equivalency certificate as decided by the Supreme Court.

Constitutional law expert Margarito Kamis argued that Gibran's attempt to revalidate his educational documents through the PTUN is misguided if his goal is to amend the legal implications of the Supreme Court's ruling.

He contended that even if Gibran possesses valid and complete educational documents, their existence does not automatically negate the effects of the Supreme Court’s ruling No. 742 K/TUN/2026.

"Even if he has valid documents, it does not change the Supreme Court's decision that has already been issued," Margarito stated during a Newsroom Talk event on Kompas.com on Tuesday (10/11/2026).

He explained that, under administrative law, a state administrative decision can be annulled if there was a material error at the time the decision was made.

Thus, issues already decided by the Supreme Court cannot simply be reinstated through filing a new lawsuit accompanied by additional documents.

"Why is that? In administrative law, a state administrative decision can be annulled due to a material error when that decision was made," he noted.

Meanwhile, Herlambang also raised questions regarding the object of the lawsuit Gibran intends to file again.

If the lawsuit still pertains to the equivalency certificate, its substance could risk duplicating the case already ruled on by the Supreme Court.

"If it’s still related to the certificate, then it certainly repeats what has already been decided by the Supreme Court, or the object itself may no longer exist," asserted Herlambang.

Resignation or Impeachment, What Are the Constitutional Consequences?

Herlambang opined that Gibran faces two choices if he finds no way to resolve this issue through legal means: to resign or to confront impeachment proceedings.