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Wednesday, July 6, 2022 | 14:51 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) held another judicial review hearing of Law No. 20 of 2003 on the National Education System (Sisdiknas) on Wednesday, July 6, 2022. The case No. 65/PUU-XX/2022 was filed by a private employee, Mochamad Manshuri.

This second hearing had been scheduled to hear revisions to the petition, but the Court had received a letter from the Petitioner requesting its withdrawal. Constitutional Justice Enny Nurbaningsih asked for confirmation of the letter, which the Court registered on June 14.

“Today’s hearing was supposed to hear the revisions to the Petitioner’s petition, but since the Petitioner sent a letter requesting withdrawal, [the Court] needs confirmation of it. Is it true that there has been a withdrawal request letter?” she asked legal counsel Marcellino Hariadi Nugroho.

Marcellino, who appeared before the Court on his own to represent the Petitioner, confirmed the withdrawal. He said that his client had sent the Court a letter to withdraw the petition, which the Petitioner and his legal counsels had agreed on.

Also read: Burdened by Tuition, Parent Challenges National Education Law 

The case No. 65/PUU-XX/2022 was filed by a private employee, Mochamad Manshuri. At the preliminary hearing on Wednesday, June 22, 2022, legal counsel Rafi Auliyaa R. alleged that Article 12 paragraph (2) letter b of the National Education System was in violation of Article 31 paragraph (2) of the 1945 Constitution.

Article 12 paragraph (2) letter b of the National Education System reads, “Every learner shall be responsible for: b. taking part in the implementation of education by paying prescribed fee, except for learners who are exempted from said obligation in accordance with the regulations in force.”

As a parent of eight children, the Petitioner felt burdened by the provision, which he believed obligated learners at elementary level to pay or bear the costs of education, except those exempted.

He argued that Article 31 paragraph (2) of the 1945 Constitution explicitly mandates hat the government fund the people’s basic education. The article in question reads, “Each national shall follow basic education and the government shall finance this.” Therefore, he believed the Law had defined learners without any distinction of education levels and mandated that the government finance their education. 

Writer        : Sri Pujianti
Editor        : Nur R.
PR            : Fitri Yuliana
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 7/6/2022 15:25 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.

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