Implikasi Keputusan Direktur Jenderal Pendidikan Tinggi Kementerian Pendidikan dan Kebudayaan Republik Indonesia Nomor 63/E/KPT/2020 tentang Persyaratan dan Prosedur Perubahan Perguruan Tinggi Swasta Penyelenggaraan Pendidikan Akademik terhadap Pengembangan Perguruan Tinggi Swasta

Abstract

This thesis examines how the administrative decision issued by the Directorate General of Higher Education affects the exercise of authority by the governing organs within private university providers, such as the board of trustees in foundations and the council or governing board in associations. The decision is significant because it regulates the requirements and procedures for institutional changes of Private Higher Education Institutions (PHEIs), but it does not fully consider the diversity of legal structures and organizational forms of their managing bodies. This raises potential problems in institutional practices, particularly in the verification and approval stages conducted by LLDIKTI and the Directorate General. This research employs a normative legal method using both a conceptual approach and a statutory approach. The analysis is grounded in the theory of constitutional mandate to examine the legitimacy of private higher education, the theory of authority to analyze the exercise of legal functions by organizational organs, and the theory of legislation to evaluate the legal form and status of the Director General’s decision within the national legal system. The results indicate that while Decision No. 63/E/KPT/2020 is formally an administrative decision, in practice it contains general normative provisions applicable to all private universities. This creates ambiguity in legal classification, as such regulatory content should be issued in the form of a ministerial regulation rather than an administrative decision. Therefore, harmonization is needed between administrative norms and the legal structure of educational institutions, along with the formulation of technical verification guidelines that uphold the principles of legal clarity, legality, and legal certainty.