The Constitutional Court (MK) ruled constitutional requirement judge must have a master's diploma no longer have binding force. Ruling of the number 68/PUU-IX/2011 was read by the Chief Justice the Constitutional Court, Moh. Mahfud MD, accompanied by seven  constitutional judges on Thursday (13/9) at the Plenary Court.

"Granting Petitioners' petition for partly. Article 15 paragraph (2) letter b along the phrase "and master" of Law No. 8 of 2011 on the Amendment Act No. 24 of 2003 on the Constitutional Court against the Law of the Republic of Indonesia Year 1945. Article 15 paragraph (2) letter b along the phrase "and master" of Law No. 8 of 2011 concerning Amendment to Law Number 24 Year 2003 concerning the Constitutional Court has no binding legal effect. Rejecting the petition of the petitioner apart and rest," said Mahfud in the trial which was also attended by the applicant.

In the opinion of the Court that the Constitution was read by Judge M. Akil Mochtar, the Court considers that the conditions laid down in Article 15 paragraph (2) letter b of Law 8/2011, the "doctoral and master's degree in a basic undergraduate background in higher education law" is a requirement to be an elaboration of the constitutional judges of constitutional provisions phrase "the command of the Constitution and constitutional" in Article 24C (5) of the 1945 Constitution that more states, "constitutional justice must possess integrity and a personality that is not dishonorable, unjust, statesmen who controlled the constitution and constitutional, and not concurrently as state officials." Akil continue the constitutionality question is whether the determination of the constitutional requirements to be a judge of such a potentially or proven violation of human rights in the implementation of Article 28C Paragraph (2) and Article 28D paragraph (1) of the 1945 Constitution.

"According to the Court, the terms set by the former Act relating to education ever taken by a candidate judge constitution as a condition for public office (public office) is taken by way of forming the Law to see the ability of a candidate to a standard that can be measured (feasible). Size education ever taken by prospective judges forming the constitution established by the Act is a requirement that is free of interest, objective and non-discriminatory," said Akil.

In addition, continued Akil, issue education requirements ever taken by a candidate for Judge of the Constitution relating to the grouping of higher education in Indonesia with the approach of higher education, are grouped into three levels, namely undergraduate (S-1/Sarjana), strata of two (S-2/Magister), level three (S-3/Doctor). It is with the approach of the program known as the two programs, the Undergraduate and Graduate Programs. Graduate Program is divided into Master and Doctoral Programs. Master Program is considered as an entry qualification to pursue a higher level with more specialized knowledge (specialization) is Doctor. "In fact there are several graduate programs that directly receive education doctoral program without a master's degree program. Moreover, until now there are many graduate doctoral programs in the past that is not through the master. Based on these facts, the provisions the requirement 'certified master' would violate the constitutional rights of persons with doctorates who do not have master's degrees, "he said.

Based on the above legal facts, continued Akil, to overcome the problems of education as a requirement to be constitutional judges and to provide equal opportunities for all citizens of Indonesia who educated law to be constitutional judges, the Court is the phrase "and master" as requirement should be declared constitutional judges have no binding legal effect because of potential legal uncertainty and injustice so contrary to Article 28D paragraph (1) of the 1945 Constitution. Akil added the Court does not agree with the petitioners that one of the requirements to be constitutional judges must be licensed doctoral and master's degree in legal studies. According to the Court, the more rational is the elimination of the phrase "and master" only.

"The most important thing the Court is a constitutional judge candidate should be graduate (Strata-1) a legal background and have experience in the field of law, as required under the Act a quo. Considering that based on all the above legal considerations, the Court considers, Article 15 paragraph (2) letter b of Law 8/2011 along the phrase "and master" contrary to the 1945 Constitution. Thus, Petitioners' petition for some legal reason, "he said. (Lulu Anjarsari/Yazid.tr)