Expert Says Political Will Determines Next Steps After Gibran Certificate Ruling
Indonesia's Supreme Court has annulled Vice President Gibran Rakabuming Raka's high school equivalency certificate, but any move to remove him from office depends on political action, Trisakti University criminal law expert Abdul Fickar Hadjar said.
Rulings provide a basis, not an order to leave office
Speaking to Kompas.com on October 31, 2026, Fickar said the Supreme Court's decision was consistent with the Constitutional Court's earlier reasoning. In his assessment, the two rulings give the relevant institutions a sufficient legal basis to seek Gibran's resignation or initiate impeachment.
"A legal loophole has opened; it now depends solely on political will. Legally, it is already strong enough for the authorities to demand Gibran step down or to politically impeach him," he said.
Fickar distinguished the Supreme Court's authority over the disputed certificate from the power to remove a vice president. The court cannot order Gibran to resign or dismiss him, he said. Further action rests with the House of Representatives (DPR) and the People's Consultative Assembly (MPR), where political conditions and the balance of power would shape the outcome. He identified resignation and removal through those institutions as the two possible paths.
The Constitutional Court had addressed Gibran's educational qualifications in a ruling read on the evening of October 6, 2026. According to Kompas.id, it found no convincing evidence that he held a foreign diploma, certificate or diploma-level credential equivalent to at least a senior high school education. It did not, however, annul his position or disqualify him.
Certificate must be withdrawn and destroyed
The Supreme Court's October 30 decision concerned the equivalency certificate used for Gibran's vice-presidential candidacy in the 2024 election. In case No. 742 K/TUN/2026, the court granted the cassation appeal, overturned the lower-court ruling and decided the dispute itself, granting all of the plaintiff's claims.
Beritasatu.com reported that the court declared the certificate invalid and void by law, ordered it retrieved from whoever holds it and destroyed, and required the defendant, the Ministry of Primary and Secondary Education (Kemendikdasmen), to pay court costs.
Yulius, head of the Supreme Court's State Administrative Chamber, chaired the panel. Justices Maftuh Effendi and Hari Sugiharto were the other members, according to Beritasatu.com.
The plaintiff, Subhan, had brought the lawsuit before the Jakarta Administrative Court (PTUN) under case No. 62/G/2026/PTUN.JKT. That court declined to hear the case for lack of jurisdiction and did not accept his request. Subhan confirmed to Kompas.com on October 30 that he had received news that the Supreme Court had granted his appeal.
How impeachment proceedings would work
There is no legal requirement for the DPR to begin impeachment proceedings over the diploma case, Universitas Gadjah Mada constitutional law scholar Yance Arizona told Kompas.id. Whether it acts depends on the initiative and support of parties represented in the chamber, he said.
Under the constitutional process described by legal scholars cited by Kompas.id, the DPR would first adopt an opinion that the vice president no longer meets the requirements for office, then ask the Constitutional Court to examine the matter. The court must examine, try and decide that request within 90 days.
The DPR would then hold a plenary session to forward a removal proposal to the MPR. Once it receives the proposal, the MPR must convene within 30 days and decide whether to accept or reject it.
Former Deputy Minister of Law and Human Rights Denny Indrayana has publicly called for Gibran to resign following the Supreme Court ruling. Denny, a colleague of plaintiff Subhan Palal, argued that the certificate's annulment gave Gibran an ethical reason to step down, iNews.id reported.
Education records presented in a separate case
In a separate, ongoing case at the Jakarta Administrative Court, No. 255/G/2026/PTUN.JKT, Gibran's lawyers presented his education records at an October 29 hearing, according to iNews.id.
The documents included primary and junior high school certificates, a secondary school certificate from Orchid Park in Singapore and a certificate of attendance from UTS Insearch in Australia. The legal team also presented an advanced diploma certificate from the Management Development Institute of Singapore (MDIS) and a bachelor's degree from the University of Bradford.