Chief Justice Anwar Usman and Chief Registrar Muhidin at the ruling hearing of the judicial review of Law No. 20 of 2003 on the National Education System, Wednesday (7/20/2022). Photo by Humas MK/Ifa.

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Wednesday, July 20, 2022 | 16:05 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) passed a decree on the withdrawal of the judicial review petition of Law No. 20 of 2003 on the National Education System (Sisdiknas) by Mochamad Manshuri, a private employee. The pronouncement of the Decree No. 65/PUU-XX/2022 took place virtually on in the plenary courtroom.

“[The Court] declares the petition No. 65/PUU-XX/2022 on the judicial review of Law No. 20 of 2003 on the National Education System withdrawn; declares the Petitioner unable to re-file the a quo petition,” said Chief Justice Anwar Usman reading out the verdict.

He revealed that the Court received the petition by Mochamad Mashuri dated June 2, 2022. The Petitioner had given Ayyusita Nurcholissa, Marcellino Hariadi Nugroho, Muhammad Arif Hasibuan, Rafi Auliyaa Rizqan, and Renaldi Marpaung power of attorney on May 30. Then, pursuant to Article 34 of the Constitutional Court Law, the Court had examined the petition at a panel hearing on June 22. In line with Article 39 of the Constitutional Court Law and Article 41 paragraph (3) of the Constitutional Court Regulation No. 2 of 2021, the justice panel had advised the Petitioner to fulfil the formal requirements and revise the petition. Then, the Court received a letter from the Petitioner dated June 30 to request withdrawal of the petition.

On July 6, the Court held another panel hearing and received confirmation regarding the withdrawal request from counsel Marcellino Hariadi Nugroho. Subsequently, on a justice deliberation meeting on July 13, the Court had agreed that the withdrawal was legally grounded and that the Petitioner would not be able to file the a quo petition again.

“Based on the aforementioned legal considerations, the Court orders the Chief Registrar of the Constitutional Court to record the Petitioner’s petition withdrawal in the electronic constitutional case registration book (e-BRPK) and to return the petition documents to the Petitioner,” Justice Anwar concluded.

Also read:

Burdened by Tuition, Parent Challenges National Education Law 

Parent Challenging National Education Law Withdraws Petition 

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 that 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 7/22/2022 10:51 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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