The Constitutional Court (Mahkamah Konstitusi (MK)) conducted a trial on Act No. 16/2008 about the revision of Act No. 45/2007 about 2008 State Budget (APBN 2008) Act to 1945 Constitution, Thursday (22/5), in Panel Room MK Building, to do the ealy inspection.

Case No. 13/PUU-VI/2008 was filed by Prof. Dr. Moh Surya and partner with his attorney, Dr. A. Muhammad Asrun, S.H.,M.H., and Dewi Triyani, S.H. The Petitioners were Board of Directors of Republic of Indonesia Teacher Association (Pengurus Besar Persatuan Guru Republik Indonesia (PB PGRI)) and a group of teachers and board of PGRI all over Indonesia.

In explanation part of Act No. 16/2008 it was stated that “education budget is about 15,6% of dari APBN”. It meant, allocation of the budget was still less than the mandate of the constitution which was 20% from APBN as mentioned in Article 31 Paragraph (4) 1945 Constitution. 15,6% of APBN there, could be gotten after the teacher s salary also became a part of education budget “ It is wrong if the teacher s salary being inserted in the education budget, because, in some area the salary is a part of General Allocation Fund,” Petitioner stated.

So that, the Petitioners asked MK to accept and to approve all the Petition, and to state that APBN 2008 Act did not have legal binding force, or minimally to state that it did not gave legal binding force as long as it was related to the education budget provision.

In the trial, the Panel Chairment I Dewa Gede Palguna asked the Petitioners to revise their petition. Beside that, the Petitioners were also asked to proof the counting of 20% budget which considered not to be realize well “So that, 14 days from now we hope you can complete and erevise your petition”, Palguna stated before ending the trial. (Andhini Sayu Fauzia/ Kencana Suluh Hikmah)