Are MK Petitioners Trying to Impeach VP Gibran?
TEMPO.CO, Jakarta - The Independent Election Monitoring Committee (KIPP) Indonesia emphasized that the petition filed to the Constitutional Court on the validity of Vice President Gibran Rakabuming Raka's election candidacy does not equal an impeachment bid.
KIPP, alongside Ummat Party, Integrity Law Frim advocate Denny Indrayana, and the Forum of Retired TNI Members filed a lawsuit regarding the election results dispute (PHPU) Number 01/PHPU.PRES-XXIV/2026.
The Secretary General of KIPP Indonesia, Brahma Aryana, said the petition rests on Article 24C of the 1945 Constitution concerning the Constitutional Court's authority to resolve disputes regarding election results, rather than Article 7A of the 1945 Constitution, which regulates the impeachment mechanism. According to him, this case focuses on the process leading to the election results, which is closely related to the candidacy requirements and the issue of disqualification.
"We're not entering the realm of impeachment. We're entering the realm of the election regime," Brahma said at a KIPP press conference in Jakarta on Saturday, October 3, 2026.
Brahma explained the fundamental difference between the impeachment clause and the phrase "disqualification." Article 7A of the 1945 Constitution stipulates that impeachment requires the criterion of "no longer fulfilling the requirements," which refers to a person who initially fulfilled the requirements but later becomes ineligible. Meanwhile, the top court petition questions whether Gibran ever met the vice presidential candidacy requirements.
Brahma added that if the Constitutional Court grants this petition, the legal consequences of a vacancy in the presidential or vice-presidential office are regulated in Article 8 paragraph 2 of the 1945 Constitution. This mechanism requires the President to propose two candidates to the People's Consultative Assembly (MPR) to elect a new vice president.
Previously, the General Elections Commission (KPU) stated that the petition, which disputed Gibran Rakabuming Raka's educational background for the 2024 presidential election, constituted impeachment. The KPU's attorney, Julfadi, denied the petitioner's request that the Constitutional Court declare Gibran's vice-presidential candidacy invalid.
KPU believes the petitioners, in their arguments, are aware that the Constitutional Court lacks the authority to adjudicate election disputes filed more than two years after the election. This is because, Jufaldi stated, the court's authority in election disputes is strictly regulated by law without exception.
KPU stated that the Gibran diploma dispute falls within the realm of impeachment if granted, albeit with separate constitutional rules from petitioning the Constitutional Court.
"If the president and vice president have been inaugurated, then the impeachment mechanism follows the provision outlined under Articles 7A and 7B of the 1945 Constitution," Jufaldi stated.
According to Jufaldi, the impeachment process for the president and vice president-elect cannot be delegated directly to the Constitutional Court without first going through the mechanism at the House of Representatives. Therefore, the KPU concluded that the court's authority to impeach can only be processed in accordance with valid constitutional procedures.
