JAKARTA - Deputy Chairman of Commission X DPR MY Esti Wijayanti welcomed the decision of the Constitutional Court (MK) which required the government to provide basic education for free, including in private schools.
Esti called the decision an important step in strengthening the constitutional mandate, namely the right of every citizen to receive basic education.
"This decision is very good, we certainly support it because this is a form of fulfilling the basic rights of citizens to get education," said MY Esti Wijayanti, Wednesday, May 28.
Esti reminded that the 1945 Constitution constitution mandates the obligation of the State to be present to help the community, especially those who are underprivileged to get proper education. The regulation is contained in Article 31 paragraph (2) of the 1945 Constitution which states that "Every citizen must follow basic education and the government must pay for it".
"The state is obliged to attend, especially for children from underprivileged families who are forced to access private education due to limited capacity of public schools," he continued.
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, namely elementary to high school for people in private schools.
The application with number 3/PUU-XXIII/2025 was submitted by the Indonesian Education Monitoring Network along with three individual applicants, namely Fathiyah, Novianisa Rizkika, and Riris Risma Anjiningrum. Fathiyah and Novianisa are housewives, while Riris works as civil servants (PNS). The verdict was read out at a trial at the Constitutional Court building Tuesday, May 27.
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.
In its consideration, Constitutional Justice Enny Nurbaningsih assessed that the phrase 'mandatory to study at least at the elementary level without collecting fees' in Article 34 paragraph (2) of the Sisdiknas Law which only applies to public schools creates a gap. As a result, there are limited capacity in public schools so that students are forced to attend private schools.
According to Esti, the Constitutional Court's decision is a hope for the entire community to be able to get access to quality and fair education for all. He also agreed with the considerations of the Constitutional Court, considering that many children from underprivileged families are difficult when studying in private schools due to difficulty paying.
"This is one of the problems in our world of education. When children from families can afford it, they cannot be accommodated in public schools for various reasons, they inevitably go to private schools," he explained.
"And not a few are limping. They can't pay tuition fees, in the end they can't take exams, or can't even take their diplomas because their tuition fees have not been paid off. Not a few end up dropping out of school. So free education must also apply in private schools," continued Esti.
However, Esti is of the view that the implementation of this policy requires a more contextual approach because not all private schools can be treated equally because of differences in orientation, market segment, and standard quality of education services.
"We have to be objective. There are private schools that do have a special market segment and carry out more complex educational missions, including with more expensive teaching staff and facilities that support high quality," he said.
"So there needs to be an understanding and freedom for independent private schools. Because there must be schools that are not willing because with their independence, they are able to bring hope to quality schools," added Esti.
For this reason, Esti emphasized the importance of classification of private schools in the implementation of the Constitutional Court's decision. He asked the Government to provide a focus on support to private schools that contribute to opening access to basic education in disadvantaged, frontier, and outermost areas (3T), as well as in dense urban areas that lack public schools.
What needs to be calculated is how much is needed. Including private schools that need to be taken into account the budget for their operations, such as teachers' salaries, education staff, facilities, and so on. Especially private schools that accommodate many underprivileged people, private schools in 3T areas, and others, "explained Esti.
Esti said that careful budget planning needs to be underlined so that new policies will continue to prioritize the quality of education. He asked the government to review the structure of the education budget allocation, which has so far been allocated 20 percent of the APBN as mandated by law.
"This is the time for the Government to review the budget structure. The reallocation of the education budget is 20 percent of the state budget, so that its use is appropriate and in accordance with existing regulations," said Esti.
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According to the leadership of the DPR Education Commission, careful planning and calculations are needed regarding the budget following the decision on the free school obligation from elementary to high school. That way, said Esti, the policies that are present really answer the real needs in the field.
"Not only meeting formal figures, but also ensuring that all operational costs, ranging from teachers' salaries, facilities, to other basic needs, continue to run, even though the policy is enforced for free," he said.
Esti emphasized that Commission X of the DPR will carry out its supervisory function strictly. Including overseeing budget discussions so that this free education policy runs fairly and efficiently, without reducing the quality of national education.
"Free education is a noble goal, but it must be accompanied by a smart implementation mechanism. The quality of education should not go down just because policies are not accompanied by careful budget planning and classification. Countries must come with solutions, not just by regulations," he concluded.
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