Konstitusionalitas Syarat Pendidikan Tinggi Bagi Calon Presiden Dan Wakil Presiden

Abstract

This article examines the constitutionality of imposing higher education requirements for presidential and vice-presidential candidates within Indonesia’s constitutional democracy. Using a normative juridical method with statutory, conceptual, and comparative approaches, it analyzes the legal framework under Article 6 paragraphs (1) and (2) of the 1945 Constitution of the Republic of Indonesia and Article 169 letter q of Law Number 7 of 2017 on General Elections. The study finds that raising educational requirements to the tertiary level may violate the principles of equality and non-discrimination as stipulated in Article 27 paragraph (1) and Article 28D paragraph (3) of the 1945 Constitution, and contradict citizens’ political rights under Article 43 paragraph (1) of Law Number 39 of 1999 on Human Rights. Such a policy does not necessarily guarantee leadership competence and could create socio-political inequality due to uneven access to higher education. Therefore, maintaining the current minimum requirement of senior high school or its equivalent is considered proportional and consistent with the principles of constitutional democracy, social justice, and inclusivity inherent in Indonesia’s Pancasila-based governance system.