MK Rejects Application For Candidates/Caleg/Cakada Minimum Bachelor

JAKARTA - The Constitutional Court (MK) rejected the request for a judicial review asking that the requirements for presidential candidates (candidates), vice presidential candidates (cawapres), legislative candidates (caleg), and regional head candidates (cakada) be changed to minimal undergraduate education (S-1).

"Reject the applicant's application in its entirety," said Chief Justice of the Constitutional Court Suhartoyo reading the verdict No. 154/PUU-XXIII/2025 reported by ANTARA, Monday, September 29.

The application was submitted by a student of the Faculty of Law, Hanter National University, Oriko Siregar. He tested Article 169 letter r, Article 182 letter e, and Article 240 paragraph (1) letter e of Law Number 7 of 2017 concerning Elections and Article 7 paragraph (2) letter c of Law Number 10 of 2016 concerning Pilkada.

In legal considerations, Constitutional Justice Ridwan Mansyur said the judicial review of the lowest educational requirements for presidential and vice presidential candidates in Article 169 letter r of the Election Law was actually considered by the Constitutional Court in Decision Number 87/PUU-XXIII/2025 which was also requested by Hanter at that time.

The Court, explained Ridwan, remains independent as in the previous decision, namely that the educational requirements for presidential and vice-presidential candidates are open legal policies that are the authority of the legislators (DPR and government).

The Court does not yet have a basic reason for changing its stance. Therefore, legal considerations in Decision Number 87/PUU-XXIII/2025 automatically apply as legal consideration in responding to the argument of Hanter's application in this case.

"Thus, regarding the requirements for the lowest education to graduate from high school or equivalently for presidential and vice presidential candidates, the same norm applies," said Ridwan.

Such considerations were also used by the Constitutional Court in responding to the constitutionality issues of Article 182 letter e and Article 240 paragraph (1) letter e of the Election Law and Article 7 paragraph (2) letter c of the Pilkada Law.

According to the Constitutional Court, although the legal subjects are different (candidates for members of the DPD, DPR, Provincial and Regency/City DPRD, as well as cakada), the three norms of the article are both provisions of the norms governing the conditions for nomination.

Therefore, the Court is guided, the requirements for legislative and cacada candidates are also open legal policies that form laws, as the Constitutional Court considers regarding the constitutionality of Article 169 letter r of the Election Law.

In addition, the Constitutional Court is of the view that the articles questioned by the applicant do not actually close the opportunity for every citizen with a higher educational background to propose or be nominated by political parties.

According to the Constitutional Court, the petitioner's request for articles to be tested was changed to the lowest education education rate for undergraduate or equivalent graduates actually narrowing opportunities and limiting citizens who would nominate or be nominated.