putri-anggraini
Mahkamah Konstitusi (_MK_)antics审理 commencing hearing of the certificate lawsuit filed against Vice President Gibran Rakabuming Raka, on Monday (30/9/2025), heard the testimony of Hasyim Asy'ari, the former Chairperson of the Central Electoral Commission (_Komisi Pemilihan Umum_/_KPU_). In his testimony, the witness explained in detail the process of preparing PKPU Number 19 of 2023, including the origins of its formation.
"The drafting of PKPU Number 19 of 2023 did not emerge in an instant. It went through a lengthy deliberation," said Hasyim Asy'ari while delivering his statement before the panel of justices at the Constitutional Court courtroom. He emphasized that the regulation was produced based on the legal framework governing elections.
Testimony Presented as Factual Narrative
Hasyim Asy'ari, who served as KPU Chair for the 2018-2019 period, stated that the formation of PKPU Number 19 of 2023 was based on the Law on Amendments to the General Election Law, Statutes, and the presidential election system as stipulated in the Constitution and the 1945 Basic Law. "Every stage, from the formation of the threshold, the nomination process, to the stages of the vote, was discussed in detail at the KPU," he asserted.
According to the witness, the preparation of the regulation was conducted through plenary meetings (_Pleno_) and coordination meetings (_Rapat Koordinasi_) involving all elements of the KPU. He stressed that the technical aspects of the regulation refer to the provisions of Law Number 7 of 2017 on Elections, which was subsequently amended by Law Number 3 of 2017 on the Judicial System.
"What we did was follow the applicable provisions. The formation of PKPU Number 19 of 2023 was undertaken based on existing laws and regulations," said Hasyim Asy'ari in his testimony.
Context of the Lawsuit
The testimony was presented in the framework of a lawsuit filed by a group of petitioners who question Vice President Gibran Rakabuming Raka's educational certificate, specifically the equivalence of his S1 degree. The petitioners request that the Constitutional Court adjudicate whether the diploma equivalence granted to Gibran is legally valid.
The panel of justices at the Constitutional Court granted the witness the opportunity to explain the process of preparing the regulation, particularly the provisions in PKPU Number 19 of 2023 concerning the verification and equivalence of education for candidates for Vice President.
Clarification on the Status of the Witness
In the proceedings, the parties involved in the lawsuit, including the respondent, had the opportunity to pose questions to the witness regarding the content of PKPU Number 19 of 2023. Hasyim Asy'ari explained that the regulation contains technical rules governing candidate requirements, including education and administrative requirements.
"The existence of provisions regarding education equivalence within the PKPU was a technical matter intended to provide certainty for candidate registration," the former KPU Chair clarified.
Legal Basis and Regulation
Based on applicable regulations, PKPU Number 19 of 2023 was established as a implementing regulation for the presidential election. As stated by the witness, the regulation was decided in a KPU plenary meeting and promulgated in accordance with the statutory procedures applicable to KPU regulations.
"We implemented the mandate of the law. The existence of PKPU Number 19 of 2023 is entirely based on the Law on Elections," emphasized Hasyim Asy'ari.
The Constitutional Court will continue to hear testimony and examine evidence submitted by the parties. The decision regarding the certificate lawsuit will be determined through deliberation of the panel of justices.
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