Chairman of the Indonesian Procurement Lawyers’ Association (APPI) Sabela Gayo as Principal Petitioner delivering principal points of the petition for judicial review of the National Education System Law on Monday (2/7) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

Law No. 20/2003 on the National Education System (Sisdiknas Law) was submitted for judicial review to the Constitutional Court (MK), Monday (2/7). Chairman of the Indonesian Procurement Lawyers’ Association (APPI) Sabela Gayo as Petitioner felt aggrieved by the provision on the implementation of professional education for lawyers. The Petitioner felt aggrieved by the enactment of the articles in the National Education System Law, among which are Article 15; Article 20 paragraph (3); Article 21 paragraphs (1), (2), (3), (4), (5), (6), and (7); Article 25 paragraphs (1), (2), and (3); Article 67 paragraph (1); Article 68 paragraphs (1) and paragraph (2); and Article 70 of the a quo law.

The Petitioner argued that the Indonesian Procurement Lawyers’ Association (APPI) is a legal association entity and is recognized by the Ministry of Law and Human Rights of the Republic of Indonesia. Therefore, APPI has the right to develop itself through education and training programs in the field of public procurement law in order to improve the quality of advocates/public lawyers to have competence as procurement lawyers in accordance with IFPSM international standards.

"Therefore, the provision on Professional Education as regulated in Law Number 20 of 2013 on the National Education System has limited the space for APPI because it has deprived the constitutional rights of APPI as a legal entity of association/professional association to develop itself through education and training programs of procurement lawyers in order to improve the quality of life of its members," he explained in the session presided over by Constitutional Justice Arief Hidayat.

Sabela, who was present without a legal counsel, said that based on the provision of Article 1 point 2 of Government Regulation No. 10/2018 on the National Board of Professional Certification that reads, "The National Board of Professional Certification, hereinafter abbreviated as BNSP, is an independent institution established to carry out work competence certification." The description, he added, has clearly explained that BNSP is the only institution established to implement work competence certification and the competence certificate is not carried out and/or issued by the Higher Education.

Therefore, the Petitioner requested that the Panel of Justices declare professional education not a scope of the National Education System as regulated by Law No. 20/2003 on National Education System. In addition, the Petitioner also requested that the Constitutional Court declare professional education the absolute authority of professional associations in determining quality standards and certification procedures of professional education in accordance with their respective professions and not the authority of universities. 

Justices’ Advice

Responding to the petition, the Panel of Justices consisting of Constitutional Justices Saldi Isra and I Dewa Gede Palguna gave suggestions for revision. Justice Saldi asked the Petitioner to clarify the legal standing that he considered ambiguous. According to him, it is not clear whether the legal standing of the Petitioner represents an individual or a professional association. "Explanation of the legal standing for individuals and legal entities is different," he said in response to petition No. 45/PUU-XVI/2018.

For example, Justice Saldi said, if he represented the association, he would need proof explaining it. The Petitioner may refer to the association\'s statutes/bylaws. In addition, Justice Saldi requested that the posita and petitum be made aligned. "I see both are not related. The posita should be more elaborative in explaining the harms caused by each article," he said.

Meanwhile, Constitutional Justice Arief Hidayat asked the Petitioner compare it to similar cases in other countries. In addition, he said academic titles and professional titles are under the national education system. This refers to the National Education Law. "Ideally if you want to review this, you must review this article first. Not the articles currently being reviewed in the petition," he explained. (ARS/LA/Yuniar Widiastuti)