The Constitutional Court (MK) read statutes on recall petition of Act No. 20/2003 on National Education System, filed by Lukman Hakim Musta’in, Rector of Darul Ulum University, Jombang, East Java, which is registered with the number 77/PUU-XI/2013 in the Plenary Room on Thursday ( 30 / 01 ) afternoon and directly led by the Chief Justice Zoelva Hamdan .
“Establish, grant a recall petition, request the applicant to register 77/PUU-XI/2013 withdrawn. To declare the petition cannot be re-applying the constitutional test of Article 67 paragraph (1) the phrase” without authorization" and Article 71 of the phrase” without government approval or local government “Act No. 20 of 2003 on National Education System," said Hamdan Zoelva.
In Petitioner argues that Article 67 paragraph (1) and Article 71 of the Education Law resulted in the Applicant as a suspect by the East Java Regional Police with criminal charges provide diploma, vocational, and others without rights, and also without permission or regional government.
The second article states, Article 67 paragraph ( 1 ) states, "Individuals, organizations, or education providers that deliver diplomas, certificates of competency, academic degree, professional, and / or vocation without rights shall be punished with imprisonment of ten years and / or a maximum fine of Rp 1,000,000,000.00 (one billion rupiah). "Furthermore, Article 71 states, "The organizers of the education unit was established without the permission of the Government or Local Government as referred to in Article 62 paragraph (1) shall be punished with imprisonment of ten years and / or a maximum fine of Rp 1,000,000,000.00 (one billion rupiah). "Phrase" without authorization “and” without government approval or local government" by the Applicant containing obscurity.
And in the petition, the Petitioner asks the judge to grant constitutional petition in its entirety, as well as the states of Article 67 paragraph (1) the phrase " without authorization" and Article 71 of the phrase " without government approval or local government " Education Law is contrary to Article 28D paragraph (1) UUD 1945 conditionally (conditionallyconstitutional), is a constitutional along the interpreted " does not apply to educational institutions who are in conflict“. And declare Article 67 paragraph (1) along the phrase “without authorization" and Article 71 along the phrases “without government approval or local government “Education Law, does not have binding legal force throughout interpreted “does not apply to educational institutions who are in conflict". (PanjiErawan / mh)
Thursday, January 30, 2014 | 16:41 WIB 82