Penafsiran Mahkamah Konstitusi terhadap Larangan Kampanye Politik di Lembaga Pendidikan Berdasarkan Prinsip Netralitas Institusi Pendidikan (Analisis Putusan Nomor 65/PUU-XXI/2023)

Abstract

Constitutional Court Decision Number 65/PUU-XXI/2023 marks a significant shift in the regulation of political campaigning within educational institutions, moving from an absolute prohibition toward a conditional permissibility. This decision has generated constitutional debate regarding its consistency with the principle of neutrality of educational institutions as public entities tasked with safeguarding academic freedom and the integrity of the educational process. This article aims to analyze the legal reasoning of the Constitutional Court in interpreting the prohibition of political campaigning in educational institutions and to assess its alignment with the principle of institutional neutrality within Indonesia’s constitutional law framework. The study employs a normative juridical method using statutory, conceptual, and case approaches, with a focused analysis of Constitutional Court Decision Number 65/PUU-XXI/2023. The findings indicate that the Court applies the principle of proportionality by balancing citizens’ political rights with the state’s obligation to protect educational institutions from practical political interference. The Court affirms that political activities within educational institutions are permissible only when they are educational in nature, non-discriminatory, and free from electoral solicitation. Nevertheless, the conditional interpretation adopted by the Court has the potential to create legal uncertainty and open space for multiple interpretations in its implementation, particularly concerning the blurred boundary between political education and electoral campaigning. Therefore, the strengthening of technical regulations and supervisory guidelines is essential to ensure that the principle of neutrality of educational institutions is consistently upheld without undermining citizens’ constitutional rights to access political information.