Eka Yudha Saputra, Jakarta – The Constitutional Court has granted a judicial review filed by the Indonesian Education Monitoring Network (JPPI), which demanded that both public and private schools provide free basic education. In its ruling, the court ordered the government to ensure nine years of compulsory education, from elementary through junior high school, is provided free of charge at all types of schools.
JPPI and three individual petitioners, Fathiyah, Novianisa Rizkika, and Riris Risma Anjiningrum, challenged Article 34(2) of Law No. 20 of 2003 on the National Education System. They argued that basic education, whether in public or private institutions, should not impose any fees. The case was filed under No. 3/PUU-XXII/2024.
Eight constitutional justices heard the case, with Suhartoyo serving as chief justice. The panel also included Saldi Isra, Enny Nurbaningsih, Daniel Yusmic P. Foekh, Arief Hidayat, M. Guntur Hamzah, Ridwan Mansyur, and Arsul Sani.
"We hereby partially grant the petition and declare that Article 34(2) of the National Education Law is in conflict with the 1945 Constitution and is therefore no longer legally binding," Suhartoyo read the verdict at the Constitutional Court building in Jakarta on Tuesday, May 27.
The ruling instructs central and local governments to guarantee that compulsory education at the basic level is offered free of charge, whether provided by the government or by private institutions. Justice Guntur Hamzah emphasized that the state has a constitutional obligation to fully fund basic education under Article 31(2) of the 1945 Constitution.
"Without the government's full commitment to funding basic education, citizens may find it harder to fulfill their constitutional responsibilities," Guntur said.
He added that government support has largely focused on public schools, even though in practice many children attend private or religious schools. The court noted that some private schools receive government assistance through programs like School Operational Assistance (BOS) or scholarships, but still charge students. There are also private schools that decline to accept any government funding.
Still, the MK cannot ban private schools from charging tuition, acknowledging the government's limited fiscal capacity to fully subsidize all private institutions. However, the court stated that private schools must offer flexible payment options to ensure student access.