The Constitutionality of the Rights of Universities to Manage State Assets

Susiani, Dina and WIRIARDI, MAULIDIAZETA and RAGIL, INDAH (2019) The Constitutionality of the Rights of Universities to Manage State Assets. UNIVERSITAS TEKNOLOGI SURABAYA. (Unpublished)

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Abstract

On December 12, 2013, the Constitutional Court has ruled the case 103/ PUU-X/2012. The case was filed by law students from the University of Andalas who questioned related to the constitutionality of the right of the management of state assets handled by universities that are actually vulnerable to misuse. This paper will examine the decision, as well as the decision on other issues to see the interrelationship of each other such as the constitutionality of the organization of state universities legal entities. This paper also links the Decision with previous decisions in a comprehensive description. Ultimately, the Constitutional Court has declared that the transfer of state property rights to universities is constitutional, as long as the ownership of the state’s property is not transferred and its execution is carried out in accordance with the requirements stipulated by the government. Nevertheless, the facts revealed in the trial even the government has given “flexibility” in the management and financial management of universities, both in the allocation and in the use of funds either sourced from the state budget or from other sources of funding which of course vulnerable to abuse. That is why the author recommend the urgency of governance regulations of universities to avoid misuse of management and including the prevention of corrupt acts. Keywords: State Property Rights Management, Higher Education, Constitutional Court.

Item Type: Other
Subjects: K Law > K Law (General)
Divisions: Faculty of Law, Arts and Social Sciences > School of Law
Depositing User: Mrs Dina Susiani
Date Deposited: 11 Nov 2022 09:48
Last Modified: 11 Nov 2022 09:48
URI: http://repository.utssurabaya.ac.id/id/eprint/116

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