The Constitutional Court granted the withdrawal of the case filed by Bambang Hariyanto, an education consultant, reviewing Article 28 paragraph (2), paragraph (3), and paragraph (6) Act No. 20 Year 2003 on National Education System related to the regulation on formal and informal education, Tuesday, (16/12) at the Constitutional Court Room.

Bambang Hariyanto had submitted a letter dated December 10, 2008 regarding the Request for Case No. 48/PUU-VI/2008 Withdrawal, and received by the Registrar Office of the Court on December 10, 2008. Even though so, the reason for withdrawing the case were not clearly stated.

In the previous trial (4/12), Panel Board for initial examination chaired by Constitutional Justice Achmad Sodiki indeed advised Bambang to reconsider his claim, due to the unclear constitutional loss caused by the act. It turned out that Bambang really withdrew his claim.

Based on Act No. 24/2003 on the Constitutional Court, a Petitioner could withdraw his claim before or during the examination process conducted by the Constitutional Justices, and the withdrawal caused the similar petition could not be submitted again. Therefore, on the withdrawal request, the Plenary Session of the Justices on December 12, 2008 stated that the withdrawal of Petition for Case No. 48/PUU-VI/2008 was reasonable and was not against the constitution, consequently, the request could be granted.

”Stating that Case No. 48/PUU-VI/2008 concerning the Review of Article 28 paragraph (2), Article 28 paragraph (3), and Article 28 paragraph (6) of Act No. 20/2008 on National Education System against the 1945 Constitution of Republic of Indonesia 1945 has been withdrawn,” stated the Chief Justice of the Constitutional Court, Mahfud MD.

Consequently, Bambang could no longer submit similar cases to the Constitutional Court.(Iwe)

Photo: Documentation MK PR (Wiwik BW)

Translated by Yogi Djatnika