Draft of Higher Education Act (RUU PT) that is currently discussed in the House of Representatives bring in many fundamental criticisms, including those that are associated with the urgency and substance. The birth of the bill is also seen as only encouraged by the reactive (not proactive) attittude to improve the higher education system in Indonesia over the cancellation of the Legal Education Act (BHP) by the Constitutional Court.
The Draft Law is even considered as having fundamental flaw in terms of philosophical-ideological, juridical, and sociological. "In terms of philosophical-ideological, the Draft Law is considered unable to actualize the spirit of philosophy and ideology of Pancasila education. This spirit is supposed to be the reference of values, goals, and orientation of the expected higher education," said an Expert Team member of the Pancasila Studies Centre (PSP), Prof. Dr. Sudjito, S.H, M. Si, to the reporters at the Center, Tuesday (9/8).
Sudjito said that legally the substance of the Draft Law still leaves a big issue associated with the limits of the substance that should be set in the bill. The drafters also seem less concerned on the substance which should be set by the Act, Government Regulation, or simply by statute. An Act should simply set the basic things that are the elaboration of constitutional rights of citizens. “The provisions that govern the uniqueness and distinctiveness of university are actually sufficient to be regulated by statute and should not be regulated by an Act. Overlapping of the things in this bill is a fundamental weakness that needs to be corrected immediately," said Sudjito.
Sociologically, he saw the Draft Law can potentially be rejected by the Indonesian people. This is indicated by the growth of the interests of certain groups and lack of accommodation of the interest of the majority people. If this continues, according to Sudjito, it will increase the list of legal and education issues in Indonesia.
In the same place, Prof. Dr. Sutaryo, Sp.A. (K) mentioned the spirit of the Draft Law is actually the same with the Legal Education Act (BHP) which has been cancelled by the Constitutional Court (MK). Therefore, it is expected that there will be a review of the substance of this bill, preventing it from being 'another form' of BHP Act. “The current condition is feared to only supports global markets and not specifically improve the condition of our education. We have also prepared another draft," said Sutaryo.
In Sutaryo’s opinion, this Draft Law is currently rejected in Indonesia because the spirit and substance have not been able to actualize the philosophy and ideology of Pancasila education. Thus, it does not matter if after the endorsement of the Draft Law, a judicial review is carried out. "It is no problem to reject it even though the discussion has cost much of the budget, because there are more important things than budget, namely the future of our education," Sutaryo added.