Various Responses Color the Constitutional Court’s Decision on Free Education in Private Schools | OBROLANBISNIS.com — The Constitutional Court (MK) ruling stating that the state is obliged to finance basic education in both public and private schools has drawn various responses from the government, the DPR, and child protection agencies.
This ruling is considered a step forward in guaranteeing the right to education, but it also raises challenges in terms of implementation, budgeting, and technical policies in the field.
In Decision Number 3/PUU-XXII/2024, the Constitutional Court partially granted the petition for judicial review of Article 34 paragraph (2) of Law No. 20 of 2003 concerning the National Education System (UU Sisdiknas) submitted by the Indonesian Education Monitoring Network (JPPI) along with three housewives, namely Fathiyah, Novianisa Rizkika, and Riris Risma Anjiningrum.
In its considerations, the Constitutional Court assessed that the phrase “compulsory education at least at the elementary education level without charging fees” stated in Article 34 paragraph (2) of the National Education System Law gave rise to multiple interpretations and discriminatory treatment. Therefore, the Constitutional Court stated that the phrase was contrary to the 1945 Constitution of the Republic of Indonesia.
Therefore, the Constitutional Court decided to change the norm of the phrase to “The government and regional governments guarantee the implementation of compulsory education at least at the elementary education level without charging fees, both for elementary education units organized by the government and elementary education units organized by the community.”
Still Analyzing the Decision
Responding to the decision, the Ministry of Elementary and Secondary Education (Kemendikdasmen) stated that it was still reviewing the contents of the decision internally.
Deputy Minister of Elementary and Secondary Education, Fajar Riza Ul Haq, said that his party had not received an official copy of the decision from the Constitutional Court and was still waiting for direction from President Prabowo Subianto.
“Yes, we are in the process of internal review, of course we will also wait for the President’s direction regarding this matter,” said Fajar as quoted from his official statement, recently.
Previously, the Constitutional Court granted part of the petition for judicial review of Article 34 paragraph (2) of the National Education System Law filed by JPPI together with three housewives.
He added that the internal review process will cover various aspects, especially because basic education such as elementary and middle schools are under the management and responsibility of the regional government.
According to him, the implementation of the Constitutional Court’s decision to guarantee free basic education in both public and private schools requires management and coordination that is in line between the central government and regional governments.
Budget Reformulation and Reallocation
Meanwhile, Member of Commission X of the Indonesian House of Representatives, Adde Rosi, welcomed the Constitutional Court’s decision and called it a step forward in realizing educational justice. However, he also reminded that its implementation requires a careful and sustainable strategy.
“The Constitutional Court’s decision is a step forward for educational justice. The challenge now is smart, realistic, sustainable implementation, and not ignoring the vital role of society and the country’s fiscal health,” said Adde.
According to Adde, to follow up on the ruling, it is necessary to reformulate and reallocate the education budget. One concrete proposal is to focus full assistance on poor students who are not accommodated in public schools and are forced to attend private schools.
In addition, the government can tighten the criteria for schools receiving assistance based on accreditation, real operational cost needs, and the proportion of underprivileged students.
Adde also encouraged the government to expand and increase the value of affirmative School Operational Assistance (BOS) for private schools in remote areas or those with many students from underprivileged families.
He proposed that the government establish partnerships with educational community organizations to design an effective subsidy scheme without killing community self-help initiatives.
Commission X, continued Adde, is ready to have a constructive dialogue with the government to respond to the Constitutional Court’s ruling. “The government together with the DPR need to immediately formulate a legal umbrella and operational, sustainable, and fair funding scheme,” he said.
Children’s Rights Must Be Equalized
In addition, the Head of the Agency for the Acceleration of Poverty Alleviation (BP Taskin), Budiman Sudjatmiko, said that his party fully respects the Constitutional Court’s ruling.
He considered that the principle of equal rights between children in public and private schools must be prioritized.
“We respect the Constitutional Court’s decision. Regarding technical matters, that is the authority of the Ministry of Primary and Secondary Education. We do not want to preempt. However, the point is, the rights of children in public and private schools must be equal,” said Budiman. ***
