A judicial review hearing of Law No. 14 of 2005 on Teachers and Lecturers for case No. 20/PUU-XIX/2021, Monday (11/29/2021). Photo by Humas MK/Ifa.
Monday, November 29, 2021 | 22:21 WIB
JAKARTA, Public Relations—Another judicial review hearing of Law No. 14 of 2005 on Teachers and Lecturers was held by the Constitutional Court (MK) on Monday, November 29, 2021. At the hearing for petition No. 20/PUU-XIX/2021, the Court heard the Government’s experts, Djoko Santoso and Radian Salman.
Djoko Santoso, a professor of geophysical engineering at Institut Teknologi Bandung (ITB), explained professorship in Indonesia. He began by explaining the definition of lecturers and professors. The Cambridge Dictionary, he said, defines a lecturer as a guide. In universities in the United States and Europe, a lecturer is an educator of a lower rank than that of a professor. Meanwhile, professor is the highest academic rank in a higher education institution.
“A teacher/educator with the highest rank in a university in America or in England is called a professor,” he said.
National Professors
Djoko added that a professor of academic leadership is constantly aiming for excellence in research, teaching, professional activity, and policy development at various levels within their academic discipline, academic unit, institution, and the wider society. The appointment of a professor, an instructor with many years of service, shows recognition of their quality teaching, community service, and published scientific works.
At the end of his presentation, Djoko said that today the state has given extraordinary appreciation for lecturers, especially professors. As they are appointed by the state, their professorship is recognized by all higher education institutions in Indonesia.
“If professors were appointed by higher education institutions, other institutions might not recognize their professorship as they were appointed solely for their university,” he said.
He stressed that national professors are appointed for the state. Therefore, the mission and vision of the education sector, especially higher education, were set within certain criteria by the state or Government. Meanwhile, professors are appointed for the higher education institutions according to their visions and missions.
“The current arrangement in Indonesia is, in conclusion, very appreciative of lecturers and professors, and show partiality to the interests of lecturers, the institution, and the nation,” he said.
“This is just an illustration. How much is a professor’s salary [in Indonesia]? Not bad. It can compete with that in Mexico, the Philippines. It’s about twice that in Thailand. [But] do not compare it with that in Australia or the U.S.,” Djoko concluded.
Interpretation of Statutory
Meanwhile, Radian Salman said Article 50 paragraph (4) of the Teacher and Lecturer Law can be seen from the definition of ‘statutory,’ which in constitutional interpretation comes from originalism, which concerns textual approach and original intent.
“In the context of originalism by textual approach, I’d like to say that Article 50 paragraph (4) is interpreted as, excluding, firstly, certain academic levels are determined by each higher education unit, the focus being ‘certain.’ Secondly, certain academic levels, which are the authority of higher education units, is handled based on statutory laws and regulations. The textual originalism meaning is the real meaning. There is no need to seek for the definition of the article because it can be interpreted based on what it says,” he said.
Radian then talked about the consequence of the phrase ‘statutory laws and regulations’ or ‘following statutory laws and regulations’ as a deferral clause. First, the request to refer to other laws and regulations within the regulation or implementation. In the context of regulation, the phrase is characterized not by an explicit and strict handover, but a shadow one.
“Second, in relation to the implementation, it is based on statutory laws and regulations, either that which are already in effect or will be in effect in the future as implementing regulations. That is on one hand. On the other hand, the meaning of the phrase is informative for the public, as it also regulates how lecturers obtain academic levels so that the public, following laws and regulations, are informed of the authority and process of appointments of academic positions,” he stressed.
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Sri Mardiyati challenges Article 50 paragraph (4) of the Teacher and Lecturer Law, which reads, “Further provisions regarding the selection as referred to in paragraph (2) and the appointment and confirmation of certain levels of academic positions as referred to in paragraph (3) shall be determined by each higher education unit in accordance with statutory regulations.”
She is a FMIPA (Faculty of Mathematics and Natural Sciences) lecturer of the University of Indonesia (UI). Her last office is lektor kepala (associate professor). The UI rector recommended her appointment as professor to the Minister of Education and Culture in 2019, after a long selection process in UI, including academic paper assessment by a professor of mathematics from Institut Teknologi Bandung (ITB). The nomination was denied by the Directorate-General of Higher Education on the ground of the paper not meeting requirements, when UI had already approved of the paper and its validity assessment results.
The Petitioner asserts that under Article 50 paragraph (4) of the a quo law, the appointment and confirmation of certain levels of academic positions, including a professorship, is the authority of the higher education unit or the university or the rector. However, due to the minister-assigned 2019 Operational Guidelines for Credit Score Assessment, such an authority falls on the Directorate General of Higher Education.
The Petitioner believes that is because Article 50 paragraph (4) of the a quo law mentions the phrase that the appointment and confirmation of professors is carried out by each unit following statutory regulations. The phrase is multi-interpretive because the Minister of Education and Culture then issued a regulation that grants himself the authority, which violates the substance or intention of said article. The Petitioner believes that, in practice, it is interpreted by Article 70 to mean that the appointment and confirmation of certain levels of academic positions, including a professorship, is under the minister and not the higher education unit.
Writer : Nano Tresna Arfana
Editor : Nur R.
PR : Tiara Agustina
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 12/8/2021 10:40 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.
Monday, November 29, 2021 | 22:21 WIB 292