The Constitutional Court's Decision Presents Justice To Access Basic Education

JAKARTA Citra Institute Observer, Efriza said that the Constitutional Court Decision (MK) which granted part of the judicial review of Law 20/2003 concerning the National Education System (UU Sisdiknas) is a breath of fresh air for the public to be able to access basic education for free.

"The Constitutional Court's decision to amend Article 34 paragraph (2) of the Sidiknas Law will provide opportunities for the entire community to obtain elementary school (SD) and junior high school (SMP) education for free," he said, Friday, May 30, 2025.

According to him, the Constitutional Court's decision states that Article 34 paragraph (2) of the National Education System Law is contrary to the 1945 Constitution, and does not have binding legal force if it does not mean that basic education without costs also applies to educational units organized by the community (private schools).

"The Constitutional Court's decision is final and binding. This means that the Government is subject to this decision. In fact, it is believed that the Constitutional Court's decision was greeted enthusiastically by the community," added Efriza.

He revealed that access to free education in elementary and junior high schools often cannot meet the quota, and sometimes raises problems because it is suspected that students who get access are groups of people who can afford it.

"On the other hand, the capacity in public schools is limited, so students are forced to choose to attend private schools. And this private choice is of course a difficult choice for the community, because the cost for schools is high," he explained.

Therefore, Efriza emphasized that the Constitutional Court's decision on Case Number 3/PUU-XXII/2024 submitted by the Indonesian Education Monitoring Network (JPPI) together with three individual Petitioners namely Fathiyah, Novianisa Rizkika, and Riris Risma Anjiningrum, will bring justice in access to basic education for the community.