Constitutional Court Mandates Free Basic Education for All Indonesians
JAKARTA - The Constitutional Court (MK) has made a landmark decision, declaring that its order for the state to provide free basic education in both public and private schools aligns with internationally recognized human rights standards. This ruling emphasizes that basic education is a fundamental right for all citizens, and the state is obligated to fulfill it.
Upholding Universal Human Rights
The MK's decision, documented in ruling number 3/PUU-XXII/2024, highlights that the right to education embodies the universal principles of non-discrimination in human rights fulfillment, as enshrined in various international conventions, including Article 26 of the 1948 Universal Declaration of Human Rights (UDHR).
This aligns with Article 31 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, which mandates the state to ensure every citizen has access to basic education.
Eradicating Illiteracy and Poverty
The Court emphasized that basic education is crucial not only as a foundation for higher learning but also for liberating citizens from illiteracy and innumeracy, which are significant contributors to poverty. This underscores the Court's commitment to social equity and economic empowerment through education.
Addressing Disparities in Access
Previously, the MK partially granted a lawsuit against Article 34 paragraph (2) of Law Number 20 of 2003 concerning the National Education System (Sisdiknas). The Court found that the phrase "compulsory education at the basic education level without charging fees" in the Sisdiknas Law was unconstitutional and conditionally without binding legal force, unless it was interpreted to mean that the government and regional governments guarantee compulsory education at the basic education level without charging fees for both government-run and community-run basic education units.
The MK observed that the previous interpretation of this phrase created a disparity, as it only applied to public schools. This resulted in unequal access for students forced to attend private basic schools due to limited capacity in public institutions. For example, in the 2023/2024 academic year, public elementary schools could only accommodate 970,145 students, while private schools took in 173,265 students.
Ensuring Equitable Education Funding
The Court asserts that the state has a duty to ensure no student is hindered from obtaining basic education due to economic factors or limited educational facilities. Therefore, the phrase "without charging fees" could lead to differential treatment between public and private school students.
According to the MK, Article 31 paragraph (2) of the 1945 Constitution must be interpreted to include basic education provided by both government (public) and community (private) institutions. Justice Enny Nurbaningsih stated that a crucial aspect of implementing this provision is ensuring that education budgets are allocated effectively and fairly, especially for communities facing limited access to public schools.
To guarantee the right to education for all citizens, the state is now obligated to implement affirmative policies, such as subsidies or educational assistance, for those attending private schools.
Author: Fuad Hasan
Editor: Ibrahim