Batal Demi Hukum; Ketidakabsahan Perjanjian Kerja yang Bertentangan dengan UU Ketenagakerjaan dan UU Cipta Kerja
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JAKARTA, H OS LAW FIRM - Under current Indonesian law, the minimum educational requirement for presidential and vice-presidential candidates is only a high school diploma (or its equivalent). This provision, as laid out in the a quo Article currently under constitutional review in Case No. 154/PUU-XXIII/2025, is not only outdated—it contradicts the spirit of the Constitution and jeopardizes the public’s constitutional right to competent national leadership.
In a rapidly evolving
global landscape, where the responsibilities of a head of state are more
complex than ever, such a minimal educational standard is clearly inadequate.
It not only undermines public trust in leadership, but also opens the door to
unqualified individuals occupying the most strategic positions in the nation.
The Modern Presidency
Demands More
The 21st century has
ushered in unprecedented challenges: from global economic instability, digital
disruption, and climate change, to shifting geopolitical alliances and
transnational threats. Managing these demands a president who can engage in
strategic thinking, demonstrate intellectual depth, and make evidence-based
decisions in the national and international arena.
While intelligence is not
exclusive to degree-holders, higher education provides a structured environment
to cultivate critical thinking, analytical skills, and multidimensional
problem-solving abilities—all essential tools for state leadership. It is not
unreasonable, then, to expect that someone aiming to lead a country of over 270
million citizens possess at least a university-level education.
After all, even mid-level
managerial positions in the private sector typically require a bachelor's
degree. Shouldn’t the same—if not higher—standard apply to the presidency?
Democracy Requires Fair
Standards
Some might argue that
requiring higher education for presidential candidates is elitist or
exclusionary. In truth, such a standard promotes meritocracy, not elitism.
Democracy thrives not on populism alone, but on competence and accountability.
By allowing candidates
with only high school education to run for the nation’s highest office, the law
inadvertently lowers the quality threshold and undermines citizens who have
invested years into higher education. This creates an uneven playing field and
erodes the sense of fairness and justice in democratic competition.
Moreover, such a minimal
requirement threatens the public’s constitutional right to good governance. A
president must not only command authority but also understand legal frameworks,
policy design, economic structures, and diplomatic protocols. Failing to
mandate sufficient academic preparation for such a role is, in effect, a
failure to protect the people’s right to competent leadership.
Higher Education Is a
Reasonable, Constitutional Requirement
Setting a minimum of a
bachelor’s degree (S-1) or equivalent for presidential candidates is not a form
of discrimination. On the contrary, it is a reasonable and proportional
limitation that aligns with the principle of equal opportunity—because
access to higher education is open to all citizens. The requirement doesn't
exclude; it encourages.
In fact, this move could
catalyze a cultural shift toward valuing education more deeply in the political
landscape. It sends a powerful message: that Indonesia values leadership based
on substance, not merely charisma or popularity.
Importantly, this is not
about disqualifying certain individuals based on the past. It's about setting
future standards that reflect our evolving needs as a nation. It is a matter of
institutional integrity and national dignity.
Time for Indonesia to
Raise Its Standards
The existing article
requiring only high school education was not crafted based on legal reasoning
or academic studies. Historical records suggest that it was the result of
political compromises—crafted to accommodate certain candidates in power
struggles, not to serve the people or uphold the Constitution.
Today, the Constitutional
Court has a moral and constitutional obligation to revisit and revise this
norm. Indonesia must aspire to a leadership standard that is intellectually
prepared and strategically equipped to face both domestic and global challenges.
Meningkatkan pendidikan
Persyaratan bagi calon presiden untuk gelar universitas bukanlah suatu kemewahan.
Ini adalah kebutuhan mendesak—perlindungan konstitusional dan tuntutan publik.
Karena di negara sebesar dan kompleks ini, kepemimpinan bukan tentang siapa yang menginginkan
pekerjaan yang paling banyak. Ini tentang siapa yang paling siap untuk menghadapinya.
Indonesia pantas tidak
kurang.
By: H OS LAW FIRM
Advokat/Konsultan Hukum - Attorneys at Law – Jakarta
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