ANALISA YURIDIS NORMATIF TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 11-14-21-126 dan 136/PUU-VII/2009(Mengenai Pengujian UU No. 20 Tahun 2003 Tentang Sistem PendidikanNasional dan UU No. 9 Tahun 2009 Tentang Badan Hukum Pendidikan)
| Main Author: | Maliky, Alas |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2010
|
| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/366/1/ANALISA_YURIDIS_NORMATIFTERHADAP_PUTUSAN_MAHKAMAH.pdf http://eprints.umm.ac.id/366/ |
Daftar Isi:
- Constitution Court Decision No 11-14-21-126 and 136/PUU-VII/2009 about Trial of Law No.20 / 2003 about National Education System and Law No.9 / 2009 about Education Legal Institution recommended by requester is one of the most controversial Constitution Court. In a glance, this decision didn’t support the application of non-profit principle in Higher Education and would cost a step back in Education world The research took statement of problems: What the nature caused Constitution Court to declare the decision, and what law effect caused post-phrase changing some of National Education Law and the cancellation of Education Legal Institution Law? The research used juridical normative approach, where the law material used was the Basic Constitution 1945, National Education System Law, Education Legal Institution Law and Constitution Court Decision as primary law material. While secondary law material sourced from books, journals, and paper. Data would be analyzed using contain analysis. From the research, there found that the nature of constitution Judge declare the decision from the perspective of law position (legal standing) of the requester, and trial process. But, what difference with other constitution Court decision, is the used of jurisprudence. While law effect appeared post-decision was the changing of several phrases in Education System Law and the cancellation of Education Legal Institution. The conclusion, by jurisprudence in decision, Constitution court would be similar with the general court. While the law effect, there is a change meaning in section phrases of National System Education Law and there would be no more Education legal institution equalizer. The writer suggest University to apply BLU system before the new Education Legal Institution Law Design approved to avoid legal emptiness. Keywords: Decision, Controversial, Education, Change