Justices I Dewa Gede Palguna, Aswanto, and Suhartoyo in follow-up hearing of the judicial review of Law Number 12 of 2012 on Higher Education (Dikti Law), Monday (16/7) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

The Constitutional Court (MK) held a follow-up hearing of the judicial review of Law No. 12/2012 on Higher Education (Dikti Law), Monday (16/7). The second hearing of case No. 47/PUU-XVI/2018 was concerned with the revision of the petition.

Sabela Gayo as Petitioner revised the legal standing and declared that he had submitted the petition on behalf of a legal entity, namely the Indonesian Procurement Lawyers’ Association legal entity. In addition, he mentioned that he had removed several articles from the petition for the judicial review. "The articles that remains for review are Article 1 point 2, Article 17 paragraph (1), Article 24 paragraph (1), Article 26 paragraph (5), Article 28 paragraphs (4) and (6), Article 43 paragraph (3), and Article 44 paragraph (4) of the Law of the Republic of Indonesia Number 12 of 2012 on Higher Education," he explained.

In addition, Sabela explained that he had made a revision by explaining each of the articles petitioned for review. In relation to the principal issue of the case, the Petitioner as Chairperson of the Indonesian Procurement Lawyers’ Association legal entity has had his constitutional rights harmed by the overlap of the management of professional education that, on the one hand, remains the authority of the higher education and, on the other hand, professional organizations also conduct educational activities and professional training.

"Because there are fairly fundamental differences between academic education and professional education, where professional education is an education that is implemented to improve practical competence," he said in the hearing led by Constitutional Justice I Dewa Gede Palguna.

Chairman of the Indonesian Procurement Lawyers’ Association (APPI) Sabela Gayo filed a judicial review of the Higher Education Law. He requested that professional associations be declared the only organizations legally entitled and authorized to provide professional education. The Indonesian Procurement Lawyers’ Association (APPI) as a legal entity of a legitimate Society recognized by the Ministry of Law and Human Rights of the Republic of Indonesia, Sabela said, 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 No. 20/2013 on the National Education System (Sisdiknas Law) has limited the space for APPI and deprived the constitutional rights of APPI to develop itself through education and training programs of procurement lawyers in order to improve the quality of life of its members. (ARS/LA/Yuniar Widiastuti)