PERBANDINGAN PENAFSIRAN HAKIM KONSTITUSI DALAM PENGUJIAN UNDANG-UNDANG BADAN HUKUM PENDIDIKAN DAN UNDANG-UNDANG PENDIDIKAN TINGGI

FARHAN, MUFTI AKBAR (2015) PERBANDINGAN PENAFSIRAN HAKIM KONSTITUSI DALAM PENGUJIAN UNDANG-UNDANG BADAN HUKUM PENDIDIKAN DAN UNDANG-UNDANG PENDIDIKAN TINGGI. Diploma thesis, Universitas Andalas.

Text (Skripsi Fulltext) 201511192302th_tugas akhir farhan mufti akbar.pdf - Published Version Restricted to Repository staff only Download (833kB)

Abstract

Constitutional Court determined 2009 Law Number 9 regarding Education Legal Entity (UU BHP) was contrary with the Constitution (Undang-Undang Dasar 1945). After declared contrary, the House of Representative and the Government try to rebirth “the soul” of 2009 Law Number 9 with forming the 2012 Law Number 12 regarding Higher Education (UU Dikti). The Law on Higher Education which then had a Judicial Review to the Constitutional Court postulated by the appellant is the State Higher Education could be one of the Legal Entities that could affecting the increasing of education tuition for the students eventually. This is become postulate that there is an effort to release the state responsibilty to fulfill the obligation in regards to educate the nation. Aside from releasing the government constitutional responsibility, another implication from existences of the Law on Higher Education also affecting a violation and deprived of the right of education for citizens. Nevertherless, on the Law on Higher Education constitutionally examinations, the Constitutional Court rejected the whole claim from the appellant which means the Law on Higher Education become stronger on the implementation. The Constitutional Court consideration to reject the claim by the appellant was because the argumentation that postulated by the appellant was not based on legal standards and assumptive. This research focused on analyized the interpretation by methods and theories from the constitution judges. The research method that implemented is normative juridical, with several approach inter alia statue approach, conceptual approach and comparative approach. Therefore, eventually there could be found the interpretation of the Constitutional Court towards the disparity from the Law on Education Legal Entity and Law on Higher Education verdict. This research also trying to answer the question of which is the ideal constitutional values to implement, while there is two interpretation by the Constitutional Court on the education field, particularly on higher education with the frame of state responsiblity and human rights references. This research concluded there is a different not only from the verdict, but also from the interpretation methods and theories that used by the Constitutional Court based on Constitutional Court argumentation on answering several constitutional issues of Law on Education and Law on Higher Education. Constitutional Court used a progressive interpretation approach which is an extensive interpretation on Law on Education Entity, meanwhile on the Law on Higher Education verdict the Constitutional Court used a textual approach and restrictive interpretation. The relevancy of regulation about the Court patterns or measures on interpreting the constitutionally examination of constitutions also needed in the future. Therefore, the Constitutional Court could become a consistent body on interpreting or decreed some cases with the same object.

Actions (login required)

View Item