Constitutional Court Ruling on Free Private and Public Schools

There was something surprising about the Constitutional Court's (MK) statement on May 28, 2025. The state, the Constitutional Court stated, is obligated to guarantee free basic education—not only in public schools but also in private schools. This is not a recommendation. It is a legal ruling. Mandatory. Firm.

Decision Number 3/PUU-XXIII/2025 affirms that basic education is a constitutional right for all citizens, regardless of school status. But at the same time, the Constitutional Court also created a loophole. Certain private schools are still allowed to charge fees.

The government is aware of this situation. Coordinating Minister for Human Development and Culture (Menko PMK) Pratikno and Minister of Primary and Secondary Education Abdul Mu'ti stated that they are mapping out strategies. One of these is developing a roadmap and revising the National Education System Law to accommodate the Constitutional Court's ruling. However, to date, there is no clear financing scheme, especially for private schools.

The word "free" may sound beautiful. But in this context, free can be toxic—intoxicating the public but leaving a heavy fiscal burden.

UPN Veteran Jakarta economist Achmad Nur Hidayat believes this ruling represents a moment of correction, but not the end of the problem. "The state must respond to this ruling with fiscal common sense, not just formal compliance," he said, as quoted by Kontan.

According to Achmad Nur Hidayat, the right to education must be guaranteed, but its implementation must not sacrifice the sustainability of the state budget. "Good public policy not only protects the people, but is also sustainable in the long term," he said.

Fiscal data is indeed challenging. As of April 2025, state revenue had only reached IDR 810.5 trillion, or around 27 percent of the target. Meanwhile, state spending had reached IDR 620.3 trillion, leaving a deficit of more than IDR 100 trillion in just four months. Of the total education budget of IDR 724.3 trillion, realization as of February was only IDR 76.4 trillion.

Initial calculations indicate that to cover the cost of educating elementary and junior high school students in private schools, Achmad Nur Hidayat said, the state will need to increase its budget by at least IDR 1.3 trillion. This is certainly not a small burden.

Golkar Party Secretary General Muhammad Sarmuji also doubted the government's ability to fulfill this obligation. "The state must provide a large amount of funds, and I'm afraid that will be difficult," he said.

Furthermore, the Constitutional Court's ruling itself contained an unclear section. The Court stated that private schools could still charge fees. Therefore, the concept of "free" here is not absolute. This is what the public must understand.

Enriching the nation's life is the state's obligation. Public schools are a state obligation and should be free. If possible, not only for primary education but also up to higher education. As for private schools? Careful consideration is needed. The type and conditions of the private schools that will be made free must be considered. Schools in remote areas, as in Andrea Hirata's novel Laskar Pelangi, should be free. However, conditions may differ for specific schools. Therefore, the government must be extremely cautious.