JAKARTA - The request of four students from Khairun University (Unkhair) Ternate, North Maluku (Malut), not to be expelled from campus was finally granted by the Supreme Court (MA) after canceling the decisions of the Ambon State Administrative Court and Makassar Administrative Court.
"The drop out policy was basically a demonstration carried out by four students and dropped out unilaterally by the Chancellor of Khairun University. From this action, approximately a week later and the campus issued a DO decision against four students along with a notification letter from the Ternate Police," said The attorney for LBH Ansor Maluku, Al Walid Muhammad, was contacted from Ternate, Tuesday, February 22, as reported by Antara.
As referred to in the decisions number 195/K/TUN/2021,199 K/TUN/2021 and 223 K/TUN/2021, Monday 21 February 2022, the DP policy was based on the involvement of 4 students in the demonstration on 1 December 2019.
In front of the Muhammadiyah Malut campus, these four students commemorated the independence day of the Papuan nation as a form of humanitarian solidarity. This was assessed by the police and Unkhair Chancellor, Prof. DR Husen Alting, as a betrayal of the Republic of Indonesia.
So that on December 12, 2019, the Chancellor's Decree was issued with the number: 1860/UN44/KP/2019 concerning Termination of Unkhair Student Studies. Whereas the Panel of Judges considered that the demonstration that took place was a form of expressing opinions in public which was guaranteed in the 1945 Constitution. The Human Rights Law and the Republic of Indonesia Law Number 9 of 1998 concerning Freedom to Express Opinions in Public.
Al Walid stated that the ordinary notification letter (not the letter of determination of the suspect) from the Ternate Police was used as a reference for the Chancellor's decision by ignoring the legal principle of presumption of innocence which is upheld in a country based on law.
After knowing the Rector's decision, the four students were Ikra S Alkatiri, Fahyudi Kabir, Arbi M Nur and Fahrul Abdullah W Bone. He chose to file a lawsuit at the Ambon District Administrative Court and officially authorized LBH Ansor Maluku to represent legal interests. However, in its decision, the Ambon Administrative Court rejected the plaintiff's claim in its entirety.
Based on this decision, LBH Ansor Maluku filed an appeal in the Makassar Administrative Court through the Ambon Administrative Court. However, the Makassar Administrative Court's decision, in its decision, strengthened the Ambon Administrative Court.
LBH Ansor Maluku then submitted a memorandum of cassation to the Supreme Court of the Republic of Indonesia. In its decision, the Supreme Court accepted the plaintiff's claim in its entirety.
"Declaring the cancellation of the Unkhair Chancellor's decision regarding the termination (dropping out) as an Unkhair student. Requiring the defendant to revoke the Rector's decision and requiring the defendant to rehabilitate the plaintiff's dignity and position as before as an Unkahir student. Of course by law we ask the Unkhair Chancellor to immediately carry out the Supreme Court's decision as well as possible and full of wisdom," said Al Walid.
Meanwhile, the Special Staff of the Chancellor of Unkhair Ternate in the field of Law, Gunawan AT, SH, LLM confirmed that his party had received a letter from the MA and the Chancellor would provide the opportunity for these students to continue their education at Unkhair Ternate.
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