MK Putuskan Negara Harus Gratiskan Pendidikan SD Dan SMP Sederajat

Illustration. SD Negeri 1 Praja Taman Sari in Wonuamonapa Village, Konawe, Southeast Sulawesi (Between)

JAKARTA - The Indonesian Constitutional Court (MK) has decided that the state, in this case the central and regional governments, must make basic education free, which is held in elementary, junior high, and madrasas or equivalent education units, both in public and private schools.

"Granted the petitioners' petition for part," said Chief Justice of the Constitutional Court Suhartoyo reading the verdict Number 3/PUU-XXII/2024 at the Indonesian Constitutional Court, Jakarta, Tuesday, May 27, which was confiscated by Antara.

The Constitutional Court stated that the phrase "mandatory to study at the basic level of education without charge" in Article 34 paragraph (2) of Law Number 20 of 2003 concerning the National Education System (Sisdiknas) has caused multiple interpretations and discriminatory treatment so that it is contrary to the 1945 Constitution of the Republic of Indonesia.

Constitutional Justice Enny Nurbaningsih explained that the phrase "obliged to study at least at the elementary level without collecting fees" whose application only applies to public schools can lead to gaps in access to primary education for students attending private schools.

Moreover, under certain conditions, there are students who are forced to attend private schools due to limited capacity of public schools.

Under these conditions, according to the Constitutional Court, the state still has a constitutional obligation to ensure that no students are hampered from obtaining basic education just because of economic factors and limitations of basic educational facilities.

In fact, the constitution does not provide any restrictions on which basic education must be financed by the state. Article 31 paragraph (2) of the 1945 Constitution of the Republic of Indonesia requires the state to finance basic education with the aim that citizens can carry out their obligations in following basic education.

"In this case, the norm of Article 31 paragraph (2) of the 1945 Constitution of the Republic of Indonesia must be interpreted as an elementary education either organized by the government or the state or organized by the public or the private sector," added Enny.

According to the Constitutional Court, if the phrase "obliged to study at least at the level of primary education without charge" is only interpreted as applicable to public schools, the state actually ignores the fact that the limited capacity of public schools has forced many children to attend private schools with a greater cost burden.

Such conditions are assessed by the Court as contrary to the state's obligation to guarantee basic education without collecting fees for all citizens. Therefore, the state must realize the basic education financing policy, both in public and private schools, through educational assistance mechanisms or subsidies.

On the other hand, the Constitutional Court understands that not all private schools in Indonesia that organize basic education can be placed in the same category because a number of private schools also apply additional curricula in addition to the national curriculum which is the selling value of these schools.

Such schools affect students' motivation to attend basic education. Citizens who attend primary education in private schools are not entirely motivated by the absence of access to public schools.

In that context, students consciously understand the consequences of higher costs when deciding to attend private schools.

Therefore, the Constitutional Court asked the state to prioritize the allocation of education budgets for the implementation of basic education, including in private schools, taking into account the need factors of these private schools.

Enny further said that educational assistance for the benefit of students attending private schools can only be given to private schools that meet certain requirements or criteria based on statutory regulations. This is to ensure that private schools that receive education assistance are well managed.

Based on this consideration, the Constitutional Court in its ruling changed the norms of the phrase Article 34 paragraph (2) of the National Education System Law to:

"The government and local governments guarantee that they are required to study at least at the basic level without collecting fees, both for basic education units organized by the government and basic education units organized by the community."

This application for judicial review was submitted by a civil society institution called the Indonesian Education Monitoring Network and three housewives, namely Fathiyah, Novianisa Rizkika, and Riris Risma Anjiningrum.