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Indonesia's VP likely didn't finish high school and it could cost him his job

Indonesia's VP likely didn't finish high school and it could cost him his job
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Court dismisses challenge against Indonesia's vice-president but impeachment still possible Indonesia's Constitutional Court has handed down what may have been one of the country's most closely watched rulings. On Tuesday night, the court dismissed a legal challenge over Vice-President Gibran Rakabuming Raka's educational eligibility to contest the 2024 presidential elections. The decision followed three days of lengthy and heated hearings where the court heard evidence from expert witnesses...

Court dismisses challenge against Indonesia's vice-president but impeachment still possible Indonesia's Constitutional Court has handed down what may have been one of the country's most closely watched rulings. On Tuesday night, the court dismissed a legal challenge over Vice-President Gibran Rakabuming Raka's educational eligibility to contest the 2024 presidential elections. The decision followed three days of lengthy and heated hearings where the court heard evidence from expert witnesses and representatives from several government institutions, including education and cultural attachés from Indonesia's embassies in Australia and Singapore. Indonesia's election law states that presidential and vice-presidential candidates must have completed senior high school or hold an equivalent qualification. The petitioners in the case argued that Mr Gibran, who is the son of former president Joko Widodo, submitted education documents that should not have been accepted by election officials at the time. The applicants said the document Mr Gibran submitted was not a graduation certificate, but a supporting letter issued by Indonesia's Ministry of Education, based on a Certificate of Attendance and an academic transcript from UTS College in Sydney, previously known as UTS Insearch. The applicants included 12 parties, including the Independent Election Monitoring Committee (KIPP), the Islamist Ummah Party, former deputy law minister Denny Indrayana and the Indonesian Military Retired Personnel Forum. The applicants also challenged exemptions in the election regulations, including allowing candidates who completed their schooling overseas to submit an alternative to a secondary school graduation certificate. "There was a structured, systematic and deliberate process concealed through manipulation," the applicants' lawyer, Bambang Widjojanto, told the court. Why was he not disqualified? The Constitutional Court dismissed the application, saying the matter could no longer be resolved through a presidential election dispute process because Mr Gibran had already been sworn in as Vice-President in October 2024. It also said the election result could only be challenged by presidential and vice-presidential candidates. "Although the court found no convincing evidence that Gibran has a foreign diploma equivalent to having completed senior high school, or another equivalent school as stipulated in Election Law, the court cannot annul or disqualify him as requested by the petitioners," Judge Adies Kadir said, according to a Reuters report. Judge Adies said the court also found the authority to address the issue of Mr Gibran's eligibility to be vice-president due to the absence of his graduation certificate fell under the authority of other institutions, without providing further details. Mr Gibran attended Orchid Park Secondary School in Singapore and UTS Insearch in Sydney, a college that prepares mostly international students for entry to UTS degrees. However, neither is considered high school. The ABC contacted UTS College to verify Mr Gibran's enrolment and seek comment, but the institution declined, citing Australian privacy laws. Impeachment a possibility Although the application was dismissed, constitutional law expert Zainal Arifin Mochtar from Gadjah Mada University said the legal proceedings identified substantive issues. "The Constitutional Court is essentially saying the violation exists, it is real and visible, but the applicants do not have legal standing to challenge it, and there is a separate constitutional mechanism for resolving it," Professor Mochtar told ABC. He said findings could also have broader implications. "The court acknowledged that Gibran does not have evidence showing he graduated from senior high school," he said. "That means it would be practically impossible for Gibran to nominate himself in the 2029 election because he does not have a senior secondary school certificate, unless he can produce one and have it independently verified." Professor Mochtar argued the court's findings also raised questions about whether Mr Gibran misrepresented his qualifications and whether there had been collusion between electoral authorities and education officials. "That enters the realm of misconduct and could open the door to impeachment,"he said. Under Indonesia's constitution, a president or vice-president can be impeached for serious legal violations, including treason, corruption, bribery or other major crimes, or for no longer meeting the constitutional requirements to hold office. However, Mr Indrayana, the former deputy law minister and one of the applicants, argued Mr Gibran never met all the requirements in the first place, so the impeachment provisions were not used in this case. The ABC has approached Mr Gibran's office for comment. What's next for the vice-president? Constitutional law expert Feri Amsari from Andalas University said Mr Gibran's future cannot simply be determined by the Constitutional Court. "While this ruling raises questions about the validity of Gibran's position, any process to remove him from office would still need to proceed through impeachment and involve the House of Representatives (DPR), the People's Consultative Assembly (MPR) and the Constitutional Court," he said. Professor Mochtar, the constitutional law expert, said Mr Gibran should consider resigning following the court's finding that there was no evidence he had completed senior high school. "In these circumstances, he should resign … resignation would be the morally responsible thing to do,"he said. Mr Amsari said the case should also serve as a warning about the importance of safeguarding the integrity of Indonesia's electoral system. "Every stage of the electoral process must comply with the law," he said. "Responsibility does not rest solely with Gibran's camp, but with everyone involved, including election organisers."
Indonesia (LOCATION) VP (ORG) Court (ORG) Constitutional Court (ORG) Gibran Rakabuming Raka's (PERSON) Australia (LOCATION) Singapore (LOCATION) Gibran (PERSON) Joko Widodo (PERSON) Ministry of Education (ORG) UTS College (ORG) Sydney (LOCATION) UTS Insearch (ORG) the Independent Election Monitoring Committee (ORG) the Islamist Ummah Party (ORG)
Originally published by ABC Australia Read original →