---

Constitutional Justice Manahan M. P. Sitompul reading out the Court’s legal considerations at the judicial review hearing of Law No. 12 of 2012 on Higher Education, Tuesday (29/9) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) decided to dismiss the judicial review petition of Law No. 12 of 2012 on Higher Education relating to freedom of academic expression. The Decision No. 53/PUU-XVIII/2020 was read out by Chief Justice Anwar Usman alongside the other eight constitutional justices on Tuesday afternoon, September 29, 2020.

Brawijaya University student Muhammad Anis Zhafran Al Anwary argued that Article 9 paragraph (2) of the Higher Education violates Article 28, Article 28C paragraph (1), Article 28E paragraphs (2) and (3), Article 28F, and Article 28I paragraph (2) of the 1945 Constitution. He believes that the a quo article has restricted his freedom to express his thoughts, opinions, and any information in relation to the scientific clusters and branches that he knows.

Also read: Discussion Restricted, Brawijaya Student Challenges Provision on Freedom of Academic Expression

Reading out the Court’s legal considerations, Constitutional Justice Manahan M. P. Sitompul said that the Petitioner’s petition was obscure as it didn’t meet the formal requirements of a petition according to Articles 30 and 31 of the Constitutional Court Law and Article 5 paragraph (1) of the Constitutional Court Regulation No. 6 of 2005. He said the petition’s posita and petitum weren’t in line. The Petitioner had claimed that Article 9 paragraph (2) of the Higher Education had led to academic discrimination as it restricted students’ freedom of academic expression while it didn’t restrict professors and/or lecturers. The Petitioner’s demand didn’t match the petitum, in which he requested that university students be allowed to openly and responsibly convey thoughts and information in certain scientific clusters or branches under the guidance of professors and/or lecturers who has academic authority.

Also read: Petitioner of Provision on Freedom of Academic Expression Strengthens Legal Standing

Authority of Professors/Lecturers

He also said that the interpretation requested by the Petitioner in the petitum has been a common practice that is in line with the meaning of Article 9 paragraph (2) of Law No. 12 of 2012. Academic expression in certain scientific clusters or branches is the authority of professors and/or lecturers, but it doesn’t necessarily mean that students don’t have the right to academic opinion.

As the petition’s posita was not in line with the petitum, the petition became obscure. This kept the Court from understanding the real intention of the petition, thus the petition was dismissed.

Writer: Sri Pujianti
Editor: Lulu Anjarsari
PR: Annisa Lestari
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 10/01/2020 12:43 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

---