Non formal education graduates are entitled to an equal opportunity to run for local office or the deputy head. The provisions of Article 58 of the Regional c is intended to provide an opportunity for prospective candidates for the regional head and deputy regional head backgrounds different educational pathways (formal, non-formal and informal) as long as it has been through the process of equalizing assessments by the agency appointed by the Government or the Local Government refers to national education standards.

"According to the Court, it becomes unfair when the right to equal opportunities in the government, in this case the right to stand as candidates for the head or deputy head of the local area, only granted to citizens of formal educational background."

Similarly, the Court\\\\'s opinion read by Muhammad Alim in the trial of pronunciation Decision Number 26PUU-X2012, Tuesday (01152013) at the Plenary Session of the Supreme Constitutional Court (MK). The trial of the nine justices held that the constitution Moh. Mahfud MD (Chair Plenary), Achmad Sodiki, Hamdan Zoelva, Akil Mochtar, Harjono, Muhammad Alim, Maria Farida Indrati, Ahmad Fadlil Sumadi and Anwar Usman.

Application materials testing of Law Number 32 Year 2004 on Regional Government (Local Government Act) was filed by Mozes Kallem. The material tested is the phrase "and  or equivalent" in Article 58 letter c Local Government Act which states, "Candidates for Regional Head and Deputy Head are Indonesian citizens who qualify: c. Educated at least high school and  or equals. "

In the verdict, the Court declared rejected Mozes Kallem. "The verdict, prosecuting, said the petition to reject entirely," said Chairman of the Constitutional Court Panel Moh. Mahfud MD read the verdict.

Mozes Kallem argues not get justice due to enactment of the phrase "and  or equivalent" in Article 58 letter c of the Regional. Why, Mozes who graduate formal education equal and must compete with one candidate in the General Election of NFE graduates Package B or C. The formal education equivalent interpreted with formal education and is eligible to compete in the General Election.

Court in the judgment referred to the provisions of Article 31 paragraph (1) of the 1945 Constitution states, "Every citizen has the right to education." and Article 31 paragraph (3) of the 1945 Constitution states, "The government shall establish and conduct a national education system, which increases the faith and piety and noble character in the context of the intellectual life of the nation, which is regulated by law."

Follow-up of the foregoing, the Government and Parliament established the Law No. 20 Year 2003 on National Education System Considering that in Section c states, "that the national education system must be able to ensure equal educational opportunities, quality improvement and relevance and efficiency of education management to meet the challenges in accordance with the demands of changes in local, national, and global educational reform that needs to be done in a planned, purposeful, and sustainable. "

Then, to ensure equal education opportunities, the Government created the line, levels and types of education [see Article 1 paragraph 7, Article 1 paragraph 8, Article 1 point 9, Article 13, Article 14, Article 15, and Article 16 of the Education Law. Educational path is a vehicle through which the learners to develop their potential in an educational process in accordance with the educational objectives (Article 1 point 7 of the Law on National Education System), which consists of formal education, non-formal and informal can complement and enrich [Article 13 paragraph (1) National Education System Law].

Article 26 paragraph (3) Education Law states, "non-formal education includes life skills education, early childhood education, youth education, women\\'s empowerment education, literacy education, vocational education and job training, educational equality, as well as other education aimed at developing skills learners. " Explanation of Article 26 paragraph (3) Education Law states, ".Educational equality is non-formal education program general education equivalent to SD  MI, SMP  MTs, and SMA  MA program that includes package A, package B, and package C.  ". Furthermore, in Article 26, paragraph (6) Education Law stated, "The results of non-formal education can be appreciated equivalent outcomes after formal education program through the assessment process by equalizing institution designated by the Government or Local Government with reference to national education standards."

it a chance just for potential regional head or deputy head of the regional means of formal education does not respect the diversity of the educational system. In addition, it also means blocking the constitutional rights of citizens broader, i.e. to obtain a figure head and deputy regional head of integrity and be able to carry out the mandate of the people as well as possible. "Could be, their background in formal or informal educational path," said Mohammad Alim read the opinion of the Court contained in the text of Decision Number 26PUU-X2012. (Nur Rosihin Ana  mh)