Using State Budget Funds To Build Al Khoziny Islamic Boarding School Is Not A Elok Decision

JAKARTA - The government's plan to revitalize the Al Khoziny Islamic Boarding School (Ponpes) building which collapsed using the State Revenue and Expenditure Budget (APBN) has drawn pros and cons.

According to economist from the Center of Economic and Law Studies (CELIOS) Nailul Huda, the use of the APBN for the rebuilding of Al Khoziny's Islamic boarding school is not a good decision in the midst of difficult situations experienced by most people.

However, in the midst of heavy criticism of the government's plan, Ubaid Matraji, the National Coordinator of the Indonesian Education Monitoring Network (JPPI), assessed that it was the government's obligation to finance education, both public and private schools.

Ubaid Matraji's statement refers to the decision of the Constitutional Court (MK) which granted part of the request for judicial review of Article 34 paragraph (2) of the Sisdiknas Law proposed by JPPI along with three housewives last June.

In Decision Number 3/PUU-XXII/2024, the Constitutional Court granted part of the request for judicial review of Article 34 paragraph (2) of Law No.20 of 2003 concerning the National Education System (UU Sisdiknas) submitted by JPPI together with three housewives, namely Fathiyah, Novianisa Rizkika, and Riris Risma Anjiningrum.

In its consideration, the Constitutional Court considers that the phrase mandatory to study at the basic level of education without charge stated in Article 34 paragraph (2) of the National Education System Law gives 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.

For this reason, the Constitutional Court has decided to change the norm of the phrase to 'the government and local governments guarantee that it is obligatory to study at least at the basic level without charge, both for basic education units organized by the government and basic education units organized by the community.'

"This is the momentum of state correction to education policies. In the Constitution there is no difference between public and private schools, schools are free of charge both in the country and in the private sector," Ubaid said when contacted by VOI.

"I agree (with the plan to use ABPN for the construction of the Al Khoziny Islamic Boarding School). But the context is not only for this boarding school, yes, because all schools, not only Islamic boarding schools, must be financed by the state. This is in accordance with the lawsuit at the Constitutional Court some time ago," continued Ubaid.

Contacted separately, education observer Darmaningtyas hopes that the decision to use the APBN for the rebuilding of the Al Khoziny Islamic Boarding School will not be a precedent for other Islamic boarding schools.

"If it belongs to individuals, it is a dilemma, because later it will be a precedent for others. They will ask that their schools be built by the government," he said.

"But because this is a humanitarian issue, I think this is a consideration there. Hopefully it won't be a precedent for others," he said.

Director of Economics Center of Economic and Law Studies (CELIOS) Nailul Huda said, in economic glasses and state budget policies, it should not be that there should be conditions of use that are not based on the budget planned at the beginning.

"Which budget post will the budget for the re-development of the boarding school be used? This question must be answered before it is carried out because managing state finances is not like managing warung finances," Huda said via text message.

"All the money coming out must have a planning document, including when you want to rebuild your personal boarding school or building," he added.

According to Huda, the use of the APBN for the rebuilding of the Al Khoziny Islamic Boarding School is not a good decision because at the same time the needs of the community are still high but the budget is transferred to individual buildings.

"So according to the budget mechanism and ethics of state spending, the rebuilding of Islamic boarding schools cannot be from the government's pockets," he said.

As is known, the Al Khoziny Islamic Boarding School building in Sidoarjo, East Java, collapsed on Monday (29/9/2025). At the time of the incident, hundreds of students were carrying out the Hahar Prayer in congregation. The incident caused 171 victims, with 104 of whom survived while 67 died.

According to some observers, construction failure was the cause of the collapse of the three-story building.

In the midst of public criticism about the alleged negligence in the construction of the Al Khoziny Islamic Boarding School, the Minister of Public Works, Dody Hanggodo, revealed the plan to use the State Budget for the revitalization of Al Khoziny Islamic Boarding Schools. According to him, in terms of the provisions, the revitalization project for Islamic boarding schools should be the responsibility of the Ministry of Religion.

"It's just that this is an emergency condition. We will definitely enter," said Dody.

Meanwhile, Minister of Finance Purbaya Yudhi Sadive admitted that he did not know the proposed use of the state budget to rebuild the Al Khoziny Islamic Boarding School. He did not even know who proposed to use state money for the repair of the boarding school building for the first time.

I have not received reports about the Al Khoziny Islamic Boarding School. I just read it in the media, because I was asked to be financed by the government. But, I don't know who the proposal is," he said.