- Court mandates free basic education in public and private schools.
- Policies and budgets to be revised for implementation.
- Aligns with global human rights standards.
Indonesia is poised to make a significant leap toward universal access to education, following a landmark ruling by the Constitutional Court that mandates the government to provide free basic education not only in public schools but also in private elementary and junior high schools that serve underprivileged communities.
Human Development and Culture Minister Pratikno welcomed the decision, calling it a reaffirmation of the state’s constitutional obligation to ensure equitable access to education for all citizens. “The Constitutional Court’s decision reaffirms the constitutional mandate that education is the right of every citizen. The state is responsible for ensuring fair and inclusive access to basic education for all,” Pratikno said on Friday.
The ruling stems from a partial judicial review of Indonesia’s 2003 National Education System Law, which previously required free education only in public schools. The revised interpretation of Article 34, Paragraph 2, now extends this responsibility to include private educational institutions, especially those catering to marginalized groups.
Pratikno emphasized that the government would act swiftly to translate the court’s decision into actionable policies. “We will coordinate with the Primary Education Ministry to develop an implementable and measurable strategy. The affirmative spirit of the ruling must be translated into detailed, enforceable policies”, he said.
Key components of the strategy include revising current education regulations, developing a fairer funding model for private schools, enhancing governance frameworks, and reallocating education budgets to ensure that financial barriers do not hinder access to basic education.
The urgency of the decision is underscored by data from the Primary Education Ministry, which shows that more than 3.9 million school-aged children in Indonesia are currently not enrolled. This figure includes over 880,000 dropouts, more than 1 million children who did not continue after completing a level, and over 2 million who have never attended school.
“The government must also address the pressing issue of out-of-school children. This ruling gives us strong legal grounds to extend our reach to them”, Pratikno noted. Education Minister Abdul Mu’ti said the ministry is currently studying the implications of the ruling and will work with local governments and private education providers to ensure smooth implementation. “This ruling is a pivotal moment to reinforce the state’s commitment to equitable, inclusive, and high-quality basic education for all Indonesian children,” he said.
Human rights organizations have applauded the court’s decision. Amnesty International Indonesia Deputy Director Wirya Adiwena described the ruling as a milestone in advancing educational rights in the country. “It reflects Indonesia’s commitment to international obligations, such as the Convention on the Rights of the Child, which mandates free, inclusive, and quality basic education for all”, he stated.
Wirya also pointed to Indonesia’s ratification of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which recognizes education as a fundamental human right.
“Free and quality education is one of the most powerful tools to empower marginalized individuals and break the cycle of poverty”, Wirya said. He urged the government to address the chronic underfunding of schools in poorer regions and to reform education budgeting accordingly.
“This ruling must serve as a catalyst for the government to strengthen an inclusive, fair, and affordable education system”, he added.
With the court's decision, Indonesia takes a crucial step toward fulfilling its promise of educational equity and realizing its long-held goal of universal basic education.
