The DPR Ensures That The Constitutional Court's Decision On Free Private Schools Is Included In The National Education System Bill

JAKARTA - Deputy Chairman of Commission X DPR RI, My Esti Wijayanti emphasized that the decision of the Constitutional Court (MK) regarding basic education is given free of charge, including in private schools which are final and binding. Therefore, he said that the free school decision for private elementary and high school will be included in the Draft Law on the National Education System (RUU Sisdiknas) which is currently in the process of being discussed in the DPR.

"The Constitutional Court's decision to free primary education, especially SD-SMP, is a final and binding decision. So we must immediately regulate it in the National Education System Bill and also regulate it in other regulations and we must immediately discuss it with the ministry," said My Esti, Tuesday, June 10.

As is known, the Constitutional Court granted the judicial review lawsuit of Law Number 2003 concerning the National Education System. The Constitutional Court ordered the Government to make education free for nine years for the public in private schools.

In its decision, the Constitutional Court emphasized that the Government and Regional Governments (Pemda) must ensure that they are required to study at least at the basic level for free. This applies to basic education units organized by the Government and basic education units organized by the community.

Esti is grateful for the Constitutional Court's decision considering that the state's obligation to facilitate the basic education of the people is the mandate of the 1945 Constitution.

"Because this is what we always voice in the meeting room of Commission X of the DPR. We always remind the Government that the 1945 Constitution mandates that the State must be present to provide education financing when we talk about compulsory learning," he said.

Even so, Esti said that the implementation of this policy needs to be regulated properly, especially regarding budget readiness and technical provisions so that there needs to be derivative rules to carry out the Constitutional Court's decision.

"Because the Constitutional Court's decision is not only talking about elementary schools, it is free, both public and private, but there are other rules and decisions that follow about it," explained Esti.

"Is it in accordance with the standards of education and curriculum set by the ministry, then also with certain provisions related to management and supervision, and others," he added.

Although the spirit of the Constitutional Court's decision is good, Esti explained that this policy cannot be implemented directly in 2025 because there is no budget allocation. However, he ensured that the DPR would immediately discuss it so that the implementation of the Constitutional Court's decision could be applied in the upcoming 2026 school year and would be explained specifically in the National Education System Bill.

"Because the budget has not been allocated in the 2025 fiscal year, it is difficult for us to say it must run in 2025," said Esti.

"But when we say that it will be done in 2026, now that's what we will discuss now more deeply," he continued.

Esti said the House of Representatives Commission X would immediately summon the Ministry of Elementary and Secondary Education (Kemendikdasmen) to discuss the realization of the Constitutional Court's decision through the National Education System Bill.

"We must immediately summon the Ministry of Elementary and Secondary Education to be able to discuss this," said Esti.

Regarding the budget, the leadership of the House of Representatives Education Commission believes that the State is able to provide free education services for all elementary schools in Indonesia. Esti has also tried to calculate the budget with the existing needs.

Temporary calculations from Esti, if elementary school students receive assistance of Rp. 300 thousand per month and SMP Rp. 500 thousand, it means that the budget needed by the State to accommodate the free private school policy is in the range of Rp. 132 trillion. This refers to the number of elementary school students as many as 20 million people, and junior high school students amounting to 10 million people.

With the budget reallocation policy, according to Esti, the implementation of free schools can be realized, including to ensure welfare for teachers in every school, both public school teachers and private school teachers who take part in the free school program.

The funds are also able to cover the salaries of non-ASN teachers adequately. And students are no longer withdrawn, even though there is still a community space that wants to contribute through mutual education which is regulated later," explained the legislator from the Yogyakarta Special Region (DIY) electoral district.

Meanwhile, for the school's physical renovation budget, Esti said this could be submitted to the provincial and district/city governments. Of course, with the consideration of the budget that is adjusted to infrastructure needs in each region.

"Because if we talk like schools in the 3T area, it will certainly not be the same as school needs in urban areas," explained Esti.

On the other hand, Esti emphasized that the Sisdiknas Bill would accommodate free school policies to prioritize fair education but still quality considering that the Constitutional Court's decision has also regulated free school requirements in terms of curriculum, education standards, and others.

"Regarding the Constitutional Court's decision and the National Education System Bill, of course we will continue to rely on educational standards. Which means the consequences must be quality. Do not let the school program be free, it will weaken the quality of the school," he said.

"So there needs to be schemes, including that now the amount of BOS is IDR 900 thousand for elementary schools, we have to think about how much for private schools we can provide so that the teachers are also prosperous, the operations are closed, and adequate school facilities," continued Esti.

Esti believes that the State has the ability to consider the budget as mandatory spending of the 1945 Constitution, which is 20% of the APBN. This year the education budget is allocated Rp 724 T, where for the Ministry of Education and Culture the budget is only Rp 33.5 T.

"The number is still too small, so it is very possible for us to provide space so that we can carry out the execution of the final and binding Constitutional Court's decision," he said.

On the other hand, Esti said that free school rules still have to pay attention to private schools that can already be independent, or who have been able to meet their own needs without the help of the Government. The state is said to be unable to force schools that do not want to join the school program for free.

"But in principle is that we ensure that all children have the right to education, and it is financed by the State," said Esti.

For information, the Sisdiknas Bill which is being discussed by the DPR with the Government will regulate the national education system in Indonesia. This bill aims to replace and refine Law no. 20 of 2003 concerning the National Education System, Law no. 14 of 2005 concerning Teachers and Lecturers, as well as Law no. 12 of 2012 concerning Higher Education.

The revised Sisdiknas Bill is expected to be able to update and improve the quality of education in Indonesia. Therefore, the Constitutional Court's decision regarding free schools will also be included in the regulation.