H. Machmud Masjkur and Sister Maria Bernardine review Law No. 20/2003 concerning National Education System, (13/10).
Jakarta, MKOnline - The Constitutional Court held a hearing for judicial review of Law No. 20/2003 concerning National Education System - Case No. 58/PLaw-VIII/2010 – on Wednesday (13/10) morning at the Panel Court room of the Constitutional Court. The Petitioners are H. Machmud Masjkur and Sister Maria Bernardine. The Panel of Justices consists of H.M. Arsyad Sanusi as Chairperson of the Panel accompanied by Constitutional Justices Maria Farida Indrati and M. Alim.
In the principal issue of their petition, the Petitioners stated that Article 55 Paragraph (4) of Law No. 20/2003 concerning National Education System, namely “public-based educational institutions may receive technical assistance, fund subsidy and other resources fairly and equally distributed from the government and/or the regional government.”
“The Phrase ‘may’ in Article 55 paragraph (4) of the National Education System Law, had removed or at least has the potential of removing the government’s obligation which at the same time becomes the right of the Petitioners in financing the administration of basic education,” the Petitioners explained.
In addition to that, the phrase ‘may’ in Article 55 paragraph (4) of the National Education System Law, the Petitioners continued, had also eliminated or at least has the potential of eliminating the Petitioners’ constitusional right to equal treatment before the law, the guarantee for legal certainty and the right for non-discriminatory treatment as well as the protection, promotion, enforcement and fulfillment of human rights.
As regulated in Article 31 paragraph (2) of the 1945 Constitution that “Every citizen shall be obligated to take basic education and the government shall be obligated to finance it.” Also mentioned in Article 28D paragraph (1) of the 1945 Constitution that “Every person shall have the right to the recognition, the guarantee, the protection and the certainty of just laws as well as equal treatment before the law.”
Whereas Article 28I paragraph (2) of the 1945 Constitution states “Every person shall have the right to be free from discriminatory treatment on any basis whatsoever and shall have the right to obtain protection from any of such discriminatory treatment.” Subsequently Article 28I pragraph (4) of the 1945 Constitution is related to state responsibility, particularly the government, in the protection, promotion, enforcement and fulfillment of human rights.
As a response to what the Petitioners have delivered, Justice Maria Farida Indrati requested the Petitioners to further clarify their legal standing and correct the typing errors in the Petitioners’ petition. On the other hand, Justice Arsyad Sanusi requested the Petitioners to clearly describe the factual impairment suffered by the Petitioners. The phrase ‘may’ in Article 55 paragraph (4) of the National Education System Law is indeed ambiguous.
“We are giving you a chance to correct the petition for 14 days at the latest,” Arsyad said to the Petitioners before adjourning the hearing. (Nano Tresna A./mh)
Wednesday, October 13, 2010 | 12:17 WIB 226