Principal Applicants Muhamad Hafidz and Solihin (left-right) deliver petition withdrawal on Act of Higher Education, on Thursday (5/11) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

Universitas Ibnu Chaldun students Muhammad Hafidz and Solihin withdraw judicial review petition on Act Number 12 Year 2012 of Higher Education (Undang-Undang Pendidikan Tinggi –UU Dikti). They deliver the withdrawal at preliminary session, on Thursday (5/11) at Plenary Room, the Constitutional Court Building. As known, their petition is registered in Case Number 127/PUU-XIII/2015.

Their university has been reactivated by the Research, Technology and Higher Education Ministry (Kementerian Riset Teknologi dan Pendidikan Tinggi) on October 15, 2015. Therefore, the Applicants assess they have no legal standing.

“The Applicants declare withdraw petition a quo that have been registered in October 1, 2015. Considering Applicants’ university Universitas Ibnu Chaldun Jakarta has been reactivated by the Research, Technology and Higher Education Ministry on October 15, 2015, the Applicants consider they have no legal standing,” said the Applicants in front of Justice Panel led by Chief Justice Arief Hidayat.

In the petition, the Applicants consider harmed by Article 92 (1) Act a quo which regulates administrative sanction for universities. The Article stated, “Universities will be subjected to administrative sanction if they violates the provisions of Article 8 (3); Article 18 (3); Article 19 (3); Article 20 (3); Article 21 (4); Article 22 (3); Article 23 (3); Article 24 (4); Article 25 (4); Article 28 (3), (4), (5), (6), (7); Article 33 (6); Article 35 (3); Article 37 (1); Article 41 (1); Article 46 (2); Article 60 (5); Article 73 (3), or (5); Article 74 (1); Article 76 (1); Article 78 (2); or Article 90 (5).” (“Perguruan Tinggi yang melanggar ketentuan Pasal 8 ayat (3), Pasal 18 ayat (3), Pasal 19 ayat (3), Pasal 20 ayat (3), Pasal 21 ayat (4), Pasal 22 ayat (3), Pasal 23 ayat (3), Pasal 24 ayat (4), Pasal 25 ayat (4), Pasal 28 ayat (3), ayat (4), ayat (5), ayat (6), atau ayat (7), Pasal 33 ayat (6), Pasal 35 ayat (3), Pasal 37 ayat (1), Pasal 41 ayat (1), Pasal 46 ayat (2), Pasal 60 ayat (5), Pasal 73 ayat (3) atau ayat (5), Pasal 74 ayat (1), Pasal 76 ayat (1), Pasal 78 ayat (2), atau Pasal 90 ayat (5) dikenai sanksi administratif.”)

The Applicants consider the provision of Article 92 (1) Act a quo creates anxiety for students, particularly the Applicants. Applicants’ university is one of the 221 universities that declared inactive due to administrative violation. According to the Applicants, such condition is due to the enactment of Article 92 (1) Act a quo. Moreover, the Applicants consider harmed because administrative sanction is not conducted by students. However, the impacts are suffered by students, including the Applicants. The impacts are, among others, learning process disturbance and graduation postponement. (Lulu Anjarsari/IR/Prasetyo Adi N)