Review of Act on Higher Education: Universities Autonomy Early Seeds of Educational Liberalization

Education is the need of every person to increase his capacity and also be a part of a nation’s progress indicator so that the state should play a role in the provision of educational facilities and infrastructure. Management colleges are autonomous means of management by the relevant institutions independently, and not by the government. \"It can also be interpreted as the initial seed of the liberalization of education.\"

As stated by the President of the University Student Family Andalas Uzandy Azmy, the judicial proceedings of Law No. 12 Year 2012 on Higher Education (Higher Education Act), Tuesday (11/21/2012) afternoon. The trial with the preliminary agenda for the Case Number 111/PUU-X/2012 is held in two different places using video conferencing technology owned by the Constitutional Court (MK). Panel of Constitutional Court Hamdan Zoelva (panel chair), Ahmad Fadlil Sumadi and Harjono examine the Petitioners who are in the Faculty of Law, University of Andalas, Padang, West Sumatra.

Application for judicial review filed by the Law on Higher Education Student Executive Board of the University Student Family Andalas (BEM KM UNAND). While the Law on Higher Education of the tested material, namely Article 50, Article 65, Article 74, Article 76, and Article 90.

Azmy continued liberalization of education is the root cause of the Higher Education Act. Implications for the liberalization of education made costs borne by students during the learning process at the university and also the employment status of the workers at the university.

Provisions of Article 65 of the Law on Higher Education stated that the implementation of the autonomy granted selective colleges based on performance evaluation by the minister to state universities to apply the financial management of the Public Service Board or by forming a legal entity. In Article 65 paragraph (3) otherwise, the college set up a business entity authorized and develop endowments.

\"What are the parameters for selecting the college and how the monitoring system as a Public Service Board or a legal entity?\" said Azmy.

 According Azmy listed as a VII semester student of Agricultural Technology Faculty of Agriculture, University of Andalas, Article 74 and Article 76 of the Higher Education Act contravenes Article 28D paragraph (1), Article 31 paragraph (134) of the 1945 Constitution. Article 76 paragraph (1), describes the fulfillment of the rights of students who are economically disadvantaged. Fulfillment is implemented by the Government to provide interest-free education loan.

Such systems as this loan is a form of hands-off, remove the responsibility of the state or government to ensure access to higher education. This system is the adoption of education financing system used by countries like the United States or a proven liberal has failed to enforce the right to education of its citizens.

\"Credit for students should only be used to awaken the entrepreneurial spirit of students, but not to finance the operations of education,\" Azmy proposition.

Then, Article 90 of the Higher Education Act contravenes Article 28D (1) and Article 31 paragraph (3) of the 1945 Constitution. Therefore, Article 90 of the Higher Education Act to allow foreign universities with the approval of the minister, opening branches in Indonesia. Things criticized BEM KM Unand is the motive behind it. If only the implementation of cooperation with external parties, it does not require any entity established foreign universities in the country, given the state of education in the country is far from equal, and without a clear national vision. \"This can lead to higher education and just dragged the market mechanism produces coolies educated,\" said Azmy.

In addition, the opening of foreign universities in Indonesia cannot be separated from the acculturation ideology. University cooperative effort with business and industry in the areas of research listed in Article 47 and international cooperation in Article 50 is also a thing to get attention.  

Based on these arguments, BEM KM of Unand asking the Court stated in Article 50, Article 65, Article 74, Article 76, and Article 90 of the Higher Education Act contravenes Article 28C Paragraph (1), Article 28D paragraph (1), and Article 31 paragraph (1), (3), (4). \"Therefore do not have binding legal force,\" pleaded Azmi.

Responding to the petition, the Constitutional Court advised Petitioner to clarify arguments Harjono passages tested. Ahmad Sumadi Fadlil advised Petitioner clarify legal status (legal standing). Therefore, the Higher Education Act judicial review filed by individual citizens, namely: Azmy Uzandy, Khairizvan Edwar, Ilham Kasuma, Mida Yulia Pure, Ramzanjani, and Ari Wirya Dinata. But it later emerged BEM KM Unand as Petitioner. \"You ask this as an individual? If as an individual citizen of Indonesia, why BEM KM (Unand) written? What do individuals with BEM was,\" asked Fadlil.

Therefore, the Chairman of the Constitutional Court Panel Hamdan Zoelva to advise the applicant that reorders requests. \"This petition is a petition that can be blurred. If the petition is blurred, the Constitutional Court will not be tested and found vague petition,\" said Hamdan. (Nur Rosihin Ana / mh/

Tuesday, November 20, 2012 | 17:55 WIB 86