TINJAUAN YURIDIS PUTUSAN MAHKAMAH KONSTITUSI (MK) NOMOR 65/PUU-XXI/2023 BERKAITAN DIPERBOLEHKANNYA LEMBAGA PENDIDIKAN DIJADIKAN SEBAGAI TEMPAT UNTUK BERKAMPANYE

Abstract

This study aims to understand the perspective of Constitutional Court Decision No.
65/PUU-XXI/2023 regarding the legality of using educational institutions as
campaign venues. The background of this research is the evolving political and
regulatory context involving educational institutions in Indonesia. Prior to this
decision, strict regulations prohibited the use of educational facilities for political
campaigns to preserve the neutrality and integrity of educational institutions as
places for learning and intellectual development, free from political influence.
This research is a normative legal study with a focus on the principle of legal
justice. It uses secondary data sources, including primary, secondary, and tertiary
legal materials. Data collection was performed through literature review, and data
analysis employed a qualitative method.
The findings reveal that the Constitutional Court's decision to permit the use of
educational institutions for campaigns is based on balancing political expression
freedom with educational neutrality. The Court concluded that as long as
educational institutions maintain their integrity and are not disrupted by campaign
activities, using these facilities for political purposes does not violate constitutional
principles. The implications include potential changes in the dynamics of
educational institutions, which will need to establish procedures to ensure that
campaign activities do not affect the learning process. Regulatory adjustments may
be necessary to define limits and mechanisms for campaign implementation in
educational settings.
Keywords: Constitutional Court Decision, Educational Institutions, Political
Campaigns, Campaign Venues