Higher Education (PT) is the level of education plays an important role in printing and intellectual ability of citizens. So the House of Representatives (DPR) and the Government after seeing a number of issues and needs necessary to make the Act of PT to optimize and facilitate the development of quality of universities in Indonesia.

"Higher education quality will contribute to improving the competitiveness of the nation," said Member of Parliament Yahdil Harahap when giving testimony in the trial testing of the Parliament Act No. 12 of 2012 on Higher Education - Case No. 103 and 111/PUU-X/2012 - at the Constitutional Court on Wednesday (16/1).

Therefore, Petitioners’ argument that states Article 65, Article 73, Article 74, Article 86, and Article 87 (case No.. 103), and Article 50, Article 65, Article 74, Article 76, and Article 90 (case No. 111) against the 1945 Constitution, said Yahdil, unreasonable or contrary to the 1945 Constitution.

Yahdil viewed the provisions of Article 64 and Article 65 of the Act is intended to regulate the management of PT as autonomous scientific institutions who seek the truth for the sake of the quality of universities in Indonesia. "Therefore, the Petitioners’ argument that states have legitimate autonomy of universities can implement commercialization practices, not quite groundless," he explained.

While Article 73 paragraph (1) which states, "the new PTN Admission for each study program can be carried out through a nationwide student admission and other forms," the petitioners argued that the article does not guarantee access to higher education fair, non-discriminatory , and cheap, and affordable for all citizens. Against these arguments, the House responded that all of the provisions referred to in the article about the pattern of acceptance shall take into account Article 73 paragraph (5) which states, "College Admissions novel is a selection associated with academic and commercial purposes is prohibited."

"Therefore, in the event of commercialization by applying a high collection, then it is not a question of the constitutionality of the norm, but the norm implementation problem," said Yahdil.

The trial filed by M. Nurul Fajri, Candra Feri Caniago, Depitriadi, et al (case No. 103), and Azmy Uzandy, Khairizvan Edwar, Ilham Kasuma (case No. 111) is also listening to expert testimony of the Petitioners (No. 103), Mestika Zed and Government Experts Johannes Gunawan. Each expert strengthens the argument of the petitioners and the government.

Strengthen Commercialization

According to Mestika, PT Act in which the autonomy of the campus more inclined to set emphasis on financial management (commercialization) of the management of others. It was thus seen in a variety of campus programs that seem commercialized. "I could really see that the PT Act strengthens the commercialization of symptoms in our campus," said the expert of the Petitioners.

Mestika also expressed the curiosity of laws made by the government and the parliament. Increasingly, he said, the law produced no side to people; especially the law is being tested in the Constitutional Court. "Basically, the student world with State law does not favor the people, particularly the Law of PT in 2012," he said.

Johannes said otherwise. According to him, Article 65 paragraphs (1) of the core PT PT given the status of a legal entity and not distract from the educational management of the public sector to the private sector, nor reduce the activity of the government in the education sector. According to him, the article has no single word that states or indicates State College (PTN) were given legal status through one of three ways privatization, ie leased, regulated, and sold. "If there PTN contracted, then our country will be destroyed," he said.

If it is not privatization, what is the reason? According to him, the reason is not implied but has implied in Article 65 paragraph (1) is the autonomous conduct PT. "Not leased or sold, but to organize autonomous college," he explained.

Advanced Session will be held on Tuesday (5/2) at 11.00 am, to hear experts from each party, including experts who attend and give testimony in this trial. (Shohibul Umam / mh)