MAHFUD MD: SERET KPU KE PENGADILAN❗

Summary

Former Constitutional Court judge Mahfud MD argues that the Constitutional Court’s decision on petitions concerning Vice President Gibran Rakabuming Raka’s eligibility contains an important legal finding: the Court said it had not found convincing evidence of a diploma or equivalent qualification that met the education requirement at the time of registration.

Mahfud says this means the required credential was absent or unproven at that time—not necessarily that Gibran could never produce one later. He argues that the Court referred the matter to other institutions because it lacked the authority to resolve it directly.

Mahfud maintains that legal facts stated in a court’s reasoning can matter even when a petition is rejected, and that the decision does not prevent other bodies from examining the issue. He describes two possible routes: political action by the DPR, potentially including impeachment proceedings, and legal action through law-enforcement institutions. He notes that impeachment would be politically difficult given the governing coalition’s strength, but says President Prabowo could choose not to obstruct enforcement of the rules.

Mahfud also alleges that Gibran’s path to the vice-presidential candidacy involved deliberate manipulation of the rules. He points to the 2023 Constitutional Court ruling that created an age-limit exception for candidates who had held elected regional office, the ethics finding against then-Chief Justice Anwar Usman, and a subsequent KPU regulation that he says introduced an exemption affecting the diploma-equivalency requirement. Mahfud claims these events indicate a coordinated effort to facilitate Gibran’s candidacy. These are Mahfud’s allegations and interpretations, not findings established in the discussion as criminal wrongdoing.

He particularly criticizes the KPU, arguing that it should face legal scrutiny for allegedly inserting the disputed provision and failing to properly check qualifications. He says investigators should examine the circumstances and the officials involved, including whether false information was knowingly created or used. He describes the events as a grave threat to Indonesia’s rule of law and democratic institutions, and argues that the sequence could be assessed through circumstantial or “indicative” evidence.

To prevent similar controversies, Mahfud urges Prabowo to uphold constitutional rules and use the next election-law revision to clarify requirements rather than manipulate them. He says welfare policies such as the MBG food program are valuable, but cannot compensate for damage to democracy and legal institutions.

Presenters and Contributors

• Mahfud MD — Guest and commentator
• Rizal — Host and interviewer