Legal Review on State University with Legal Entity Status in Indonesia (PTN-BH) - History, Causes, Effects, and Risks

Sep 10, 2026

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Doctrinal normative legal research examines the existence of PTN-BH in Indonesia through a structured legal lens: history, causes, impacts, and risks. The study traces PTN-BH evolution from early state university establishment to the framework strengthened by Law Number 12 of 2012, identifying driving factors including limited government grants, quality enhancement, and the pursuit of educational social justice. Impacts are mapped to academic authority and non-academic matters. Risks are distinguished into legal risks from regulatory mismatch and non-legal risks arising from policy arbitrariness.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages6

Reading Time15 min

AccessFree to download

Introduction

Background of Higher Education in Indonesia

Classification of State Universities (PTN-Satker, PTN-BLU, PTN-BH)

Abstract

Research Purpose and Method

Research Findings: History, Causes, Effects, Risks

LEGAL REVIEW ON STATE UNIVERSITY WITH LEGAL ENTITY STATUS IN INDONESIA (PTN-BH): HISTORY, CAUSE, EFFECT, AND RISKS Muhammad Azil Maskur Cahya Wulandari Wildan Azkal Fikri Dede Indraswara ABSTRACT This research aims to dissecting the existence of PTN-BH in Indonesia which includes historical aspect, causal aspect, impact aspect and risk aspect which would be analysis by Indonesian law. Hopefully, this article would thoroughly examine the problematics existence of PTN-BH in Indonesia andwill find the harmony or the conflict among PTN-BH existence and Indonesian law. This article would be uses the doctrinal research or normative legal research to explicate the PTN-BH phenomenon in Indonesia relatedly to history, causes, impact, and risks. There are at least four research result accordance in to the research problem formulation as follows. First, the history of PTN-BH can be traced firstly in 2000 when Indonesian government establish four state university in Indonesia such as Universitas Indonesia, Universitas Gadjah Mada, Institut Pertanian Bogor, and Institut Teknologi Bandung as State-Owned Legal Entity that called Badan Hukum Milik Negara (BHMN), then continue to the establishment of Law Number 12 of 2012 on Higher Education as well as supported by special regulations up to Indonesia totally has 22 PTN-BH in nowadays. Second, the cause of PTN-BH emergence was influenced by four things such as imitedness grant for higher education from government, enhancement the quality of higher education, and create social justice in higher education. Third, the effect of PTN-BH status for state university includes two things namely academic and non-academic affairs. The impact that occurs in academic affairs encompass full authority from PTN-BH to expose and seal the study program. Meantime, the impact that ensue in non-academic affairs covers tuition fees, finance, and human resources. Fourth, the risk of PTN-BH status for state university covers two things scilicet legal risks and non-legal risks. Legal risks include the risks that related to incompatibility of internal regulations with the higher legal norms, whereas non-legal risks comprise that absolutely has no legal issues but causes a stir among academic community or this risk related to campus arbitrariness in policy making and create a chaos on campus environment. Keywords: Legal Review, State University, PTN-BH INTRODUCTION The history of higher education in Indonesia can be traced before Indonesian independence. The existence of higher education in Indonesia was marked by the emergence of Sekolah Tinggi Islam (STI) in 18 July 1945, or one month before Indonesian independence. After Indonesian independence, STI transformed into Universitas Islam Indonesia (UII) in 3 November 1947 with the status as private university.1 The appearance of UII was triggering Indonesian government to establish several state university in Indonesia as proven by the establishment of Universitas Gadjah Mada (UGM) in 19 December 1949, the establishment of Universitas Indonesia in 2 February 1950, the establishment of Universitas Airlangga (UNAIR) in 10 November 1954, the establishment of Universitas Hasanudin (UNHAS) in 10 September 1956, the establishment of Universitas Padjajaran (UNPAD) in 11 September 1957, the establishment of Institut Teknologi Sepuluh Nopember (ITS) in 10 November 1957, the establishment of Institut Teknologi Bandung (ITB) in 2 March 1959, and the establishment of Universitas Diponegoro (UNDIP) in 3 December 1961.2 These days, there are many universities in Indonesia with the total amount 4.523 universities with a diversity 184 state universities and 4.339 private universities.3 In a simple context, state university is a higher education as managed by government and private university is a higher education as managed by legal entity that called badan hukum (Yayasan) .4 It means, state university have a financial resources, human resources, and other resources f

FAQs

What is the main purpose of this legal review on PTN-BH in Indonesia?

To analyze the existence of PTN-BH in Indonesia by examining its history, causes, effects, and risks through Indonesian law, identifying harmony or conflicts between PTN-BH status and legal norms.

How is PTN-BH history traced in the study?

It is traced to around 2000 when four state universities were established as state-owned legal entities (BHMN), followed by the development of Law Number 12 of 2012 on Higher Education and subsequent regulations that result in a total of 22 PTN-BH today.

What kinds of effects and risks does PTN-BH status create?

Effects include academic impacts (authority over opening and closing study programs) and non-academic impacts (tuition, finances, and human resources). Risks include legal risks from internal regulations conflicting with higher norms, and non-legal risks such as campus disputes due to arbitrary policy-making.

Sep 10, 2026

Uploaded by Terk