The Controversy of Rights and Benefits of Former Vice President Gibran

DECISION Gibran Rakabuming Raka's resignation from the Vice Presidency was initially seen as the end of a long-standing controversy regarding his educational qualifications. However, it has instead opened a new chapter.

The public is now questioning the rights and benefits that continue to accrue to him as a former vice president, which include a lifetime pension, housing, an official vehicle, and security from the Presidential Security Forces.

Legally, all of this is governed by Law Number 7 of 1978 on Financial and Administrative Rights of Presidents and Vice Presidents, and Former Presidents and Vice Presidents.

A vice president who resigns honorably is entitled to a basic pension of 100 percent of their last basic salary, approximately IDR 20.16 million per month, along with family allowances, a suitable residence, and a government-owned vehicle with a driver.

The amount of this pension does not depend on the length of service. Gibran served from October 20, 2024, which is less than half a term, yet his benefits are equivalent to those of a vice president who completes a full five-year term.

The issue is not merely numerical. The Constitutional Court found no convincing evidence that Gibran possessed a diploma equivalent to a high school certificate, although it did not disqualify him since he had been sworn in.

The Supreme Court subsequently declared his document of educational equivalence invalid and null and void (Kompas.com, 10/11/2026).

Gibran has asserted that his resignation was a personal decision unrelated to the diploma controversy. That denial deserves respect.

Nonetheless, the public's questions remain valid. Should state award rights be granted to an official whose candidacy requirements were annulled by a court?

Unforeseen Loopholes

This law was enacted during the New Order era when presidential and vice-presidential transitions occurred with minimal surprises.

Its drafters likely never imagined a vice president would be elected under conditions that would later be declared null and void by a court, only to resign before the impeachment process was underway.

The law recognizes only two exit pathways: resigning honorably or being dismissed. There is no space between the two.

Nearly half a century has passed, and the law has never been revised, despite a complete transformation of the state apparatus following constitutional amendments and the establishment of an impeachment mechanism.

This is where the loophole widens. Impeachment under Articles 7A and 7B of the 1945 Constitution allows the Constitutional Court to determine whether a vice president no longer meets the qualifications.

By resigning, that pathway is closed. There will be no definitive ruling that states Gibran fails to meet the qualifications, thus his status will be recorded as having resigned honorably. The principle of legality protects him since the state cannot revoke rights without legal grounds.