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Prof Gayus: PTUN to Test Diploma Validity According to Administrative Law Stages

| | Source: MEDIA_INDONESIA Translated from Indonesian | Legal
Prof Gayus: PTUN to Test Diploma Validity According to Administrative Law Stages
Image: MEDIA_INDONESIA

The polemic surrounding the alleged fake diploma of Jokowi is an academic issue, as it will lead to criminal proceedings to determine whether there was defamation, slander, and violations of the ITE Law, which fall under criminal offences. Roy Suryo and Dr Tifa have been charged under Article 35 in conjunction with Article 51 paragraph (1) and/or Article 32 paragraph (1) in conjunction with Article 48 paragraph (1) of Law Number 11 of 2008 concerning Electronic Information and Transactions, regarding the manipulation, forgery, or intervention of electronic data, and Article 433 paragraph (1) in conjunction with Article 441 paragraph (1) of Law Number 1 of 2023 (or provisions on defamation/slander, including reference to Article 310 of the old Criminal Code) in conjunction with Article 126 paragraph (1) of Law Number 1 of 2023 concerning the Criminal Code.

Professor Gayus Lumbuun, a professor and chairman of the senate at Krisnadwipayana University, stated that the validity of Jokowi’s diploma is determined by the State Administrative Court (PTUN). The PTUN will examine all administrative stages that produced the diploma to see if they were in accordance with authority and procedure. The substance of this examination is a study in state administrative law and PTUN procedural law.

The PTUN decision in case number 126/G/KI/2026/PTUN.JKT dated 30 July 2026 rejected all objections from Gadjah Mada University (UGM) and upheld the Central Information Commission (KIP) Decision Number 055/X/KIP-PSI-A/2025. In its decision, the KIP determined that Jokowi’s academic documents are partially open information, except for the original diploma. This ruling states that copies of Joko Widodo’s diploma and academic transcripts are open information, and UGM is obliged to disclose copies of Jokowi’s original diploma, transcripts, study result cards, community service programme reports, thesis, registration proof, graduation confirmation, and graduation book.

Gayus explained that the series of these stages is part of the state administration process that can be examined at the PTUN. He said UGM must comply with both decisions. “The PTUN decision is ‘law’. These two decisions are categorised as Erga omnes decisions, meaning they apply to everyone,” he explained. The decision applies not only to the related parties but also to many others, including Roy Suryo and Dr Tifa, who are affected and have become suspects (defendants) in the alleged defamation, slander, and ITE Law violation case. Therefore, many parties consider this PTUN decision a stepping stone to counter the charges emerging in the criminal court.

“So, what should be observed is the process that Mr Jokowi underwent, not merely stating whether the diploma is fake or not. If the academic process ran correctly from start to finish, in accordance with the competence/authority, procedure, and substance required by administrative law, then it is automatically true that Roy Suryo and Dr Tifa committed defamation. But if the academic process was irregular or did not follow the required stages or procedures, then it cannot be said that Roy Suryo and Dr Tifa committed defamation,” he elaborated.

He stressed that the PTUN is the appropriate forum to mediate the alleged fake diploma case, which has led to criminal acts of alleged defamation, slander, and ITE Law violations. “At the PTUN, the procedures, stages, and substance required by administrative law that led to the issuance of the diploma in question can be clearly identified. The PTUN will trace whether the stages fundamentally deviated or not, so that the PTUN can later declare whether the diploma was issued through a valid process or not,” asserted Prof Gayus.

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