http://www.thejakar
April 01, 2010
Camelia Pasandaran & Anita Rachman
Historic Ruling Throws Out Law on Indonesian Universities
For the first time, the Constitutional Court on Wednesday annulled an entire law.
It revoked the Law on Education Legal Entity (BHP), which has been a source of controversy ever since it was deliberated at the House of Representatives.
The court "declares that Law of Education Legal Entity 2009 is against the Constitution and it is not legally binding," said Mahfud MD, the Constitutional Court chief.
Forty applicants - students, parents, universities, academic associations, teachers and many others - had demanded the court annul the law, arguing that it pushed education fees up and hindered greater access to education.
The court stated that the law, passed in December 2008, was weak in its juridical aspect, clarity of purpose and harmony with other laws.
"The law assumes that all education providers have the same ability to implement the law's requirements,
The law granted autonomy to educational institutions, including seeking their own funding. The law has sparked debate and protest from students and parents, despite government assurances that universities could raise only one-third of their operating funds from students.
The rest, including investment funds, had to come from the government and the universities. State universities had to provide scholarships to students from low-income families and earmark at least 20 percent of its openings for such students.
But students claimed the autonomy only gave universities more room to raise fees.
"The spirit of the autonomy law is privatization. We don't believe students will pay cheaper tuition fees once their campuses are granted autonomy," said Ade Irawan, a public service monitoring coordinator with Indonesia Corruption Watch.
Minister of National Education Mohammad Nuh told the Jakarta Globe he needed to study the verdict before commenting.
The court also ordered changes in some articles in the National Education Law.
An article that says citizens are responsible for the sustainability of the education system was changed to citizens share the responsibility, meaning the government is also responsible.
Vice President Boediono was quoted by his spokesman, Yopie Hidayat, as saying the government "will take several steps needed to adjust the system."
"The court ruling has a massive impact on the national education system," Yopie said, adding that the government "will obey the court ruling."
Heri Akhmadi, deputy chairman of House Commission X overseeing education, said the House had no choice but to accept the ruling.
Commission deputy Rully Chairul Azwar said the House and the government now had to search for other ways to support universities.
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