MA Cancels SKB 3 Minister For School Uniforms

ILLUSTRATION / UNSPLASH

JAKARTA - The Supreme Court canceled the Joint Decree (SKB) of three ministers regarding the use of uniforms and attributes in public schools for primary and secondary education.

This is stated in the decision on case number 17 P / HUM / 2021 with the judges chaired by Yulius and member judges Irfan Fachrudin and Is Sudaryono.

There is also the applicant for the three ministerial SKB case is the Minangkabau Natural Adat Adat Institution (LKAAM) of West Sumatra.

"On trial, ordering Respondent I, Respondent II, and Respondent III to revoke the Joint Decree of the Minister of Education and Culture of the Republic of Indonesia, Minister of Home Affairs of the Republic of Indonesia and Minister of Religion of the Republic of Indonesia, Number 02 / KB / 2021, Number 025-199 of 2021, Number 219 of 2021, "read the ruling quoted on Friday, May 7.

The Court is of the opinion that the SKB of three ministers regarding the use of school uniforms is contrary to Article 10, Article 11, and Article 12 of Law Number 23 of 2014 concerning Regional Government; Article 1 number 1 Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.

The SKB was also stated to be contradicting Article 1 number 1 and 2 of Law Number 12 Year 2011 concerning the Formation of Legislation; as well as Article 1 number 1 and number 2, Article 3, and Article 12 paragraph (1) letter a of Law Number 20 of 2003 concerning the National Education System.

Previously, the Ministry of Education and Culture (Kemendikbud), the Ministry of Religion (Kemenag), and the Ministry of Home Affairs (Kemendagri) signed a Joint Decree (SKB) regarding the use of uniforms and attributes in public schools for primary and secondary education.

In the SKB, students, educators, and education personnel in public schools have the right to choose to wear uniform attributes with or without specific religious characteristics.

Then, local governments and schools may not oblige, order, require, appeal to, or prohibit the use of uniforms and attributes with certain religious characteristics.

However, specifically students, educators and education personnel in the Province of Nanggroe Aceh Darussalam (NAD) are exempt from the provisions of laws and regulations related to the administration of NAD.

"School institutions must no longer require students and education personnel to wear uniforms with certain religious attributes. Whatever religion it is," said Minister of Education and Culture Nadiem Makarim at the signing of the SKB Three Ministers, Wednesday, February 3.

With the signing of the SKB, local governments and school principals are obliged to revoke regulations requiring the use of uniforms with religious attributes no later than 30 days after the decision is enacted.

"If there is a violation of this joint decision, there are several sanctions that can be given specifically to the violating party. For example, local governments can impose sanctions on school principals, educators, and education personnel, "he explained.