PCO: The Constitutional Court's Decision On Free Private Schools

Head of the Presidential Communication Office (PCO) Hasan Nasbi when opening Public Hearing entitled Diplomacy Public in Central Jakarta, Wednesday (28/5/2025). ANTARA/Andi Firdaus

JAKARTA - Head of the Presidential Communication Office (PCO) Hasan Nasbi stated that the government is still studying further the decision of the Constitutional Court (MK), which partially granted the demands related to the exemption of tuition fees in private schools.

Hasan said his party had not yet received an official copy of the decision and had not been able to provide a detailed response.

"I said earlier, try to check first with the Ministry of Primary and Secondary Education, we also haven't read the decision," Hasan said as quoted by ANTARA, Wednesday, May 28.

He emphasized that the government will determine its position after understanding the contents and implications of the decision.

"Later we will of course ask for instructions and directions from the President as well," he added.

The Constitutional Court granted part of the judicial review lawsuit on Article 34 paragraph (2) of Law Number 20 of 2003 concerning the National Education System. This decision requires local governments and governments to guarantee free basic education, both in public and private schools.

The lawsuit was filed by the Indonesian Education Monitoring Network with three nationals and read out on Tuesday (27/5).

The Constitutional Court assesses that financing restrictions are only for public schools to create access gaps, especially due to limited capacity of public schools.

The Constitutional Court emphasized that the state still has a constitutional obligation to finance basic education without discrimination, in accordance with the mandate of Article 31 paragraph (2) of the 1945 Constitution.

Meanwhile, a number of circles have welcomed the Constitutional Court's decision. but emphasized the importance of technical clarity and budget support if you want it to be realized widely without disturbing the quality of educational services.