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Article in Law Number 20 Year 2003 on National Education System (Education Law) again canceled by the Constitutional Court on Tuesday (8/1) by Decision No. 5/PUU-X/2012 which was read by Chief Justice of the Constitutional Court, Moh. Mahfud MD. Article 50 paragraph (3) Education Law Court decided contrary to the 1945 Constitution. Article 50 paragraphs (3) of the National Education said, "The government and / or local government held at least one unit of education at all levels to develop a set of international education".

"Declare the petitioners for the grant entirely. Article 50 paragraph (3) of Act 20/2003 on National Education System was contrary to the Constitution of the Republic of Indonesia Year 1945. Article 50 paragraph (3) of Law No. 20 Year 2003 on National Education System does not have binding legal force," said Mahfud in Plenary Room.

In the opinion of the Court that the Constitution was read by Justice Anwar Usman, the Court explained the national education cannot be separated from the cultural roots and soul of Indonesia. The use of foreign languages as the language of instruction at the Pilot International School (RSBI) and International School (SBI) will keep the national level of cultural roots and soul of Indonesia. Although RSBI is a national school meets National Education Standards (NES) and enriched with certain quality advantages that come from developed countries, but it is inevitable that the understanding and practices that stand in RSBI is more specific international language or English.

Anwar expressed hereinafter, the Court does not deny the importance of foreign languages especially English language learners in order to have a competitive and global capabilities. However, according to the Court, the term "international standard" in Article 50 paragraph (3) of the National Education, with the understanding and practice that emphasizes the mastery of a foreign language in all levels and units of study are potentially erode the pride of the language and culture of Indonesia. "This is in conflict with the national education should inculcate the national spirit and personality of Indonesia for Indonesian students. According to the Court’s educational output should produce students who have the ability to compete in a global world and have foreign language skills, do not have to be labeled an international standard. In addition there are no international standards as the reference, the term "international" in the SBI / RSBI as understood and practiced for it to give birth to a national educational output is separated from the root of the culture of Indonesia," explained Anwar.

In addition, continued Anwar, the distinction between school SBI / RSBI with non-SBI/RSBI schools, both in terms of infrastructure, financing and educational output, will give birth to different treatment between the two schools, including the students. According to the Court, the difference in treatment is contrary to the constitutional principles that should give equal treatment between schools and students especially among students both government-owned schools. The implications of such distinctions result in schools that existed only SBI / RSBI are enjoying average quality better than schools that did not existed SBI / RSBI, while the school with the status of SBI / RSBI is very limited.

"The state has a constitutional obligation to ensure that all Indonesian citizens to be smart which is marked by organizing an education system that is accessible all citizens without exception and without distinction. This access can be open if the system built is directed to all citizens, taking into account the various constraints that are owned by the citizens. According to the Court the recognition and protection of the right to education has implications on the responsibility and obligation of the state to guarantee to all persons without any distinction of treatment and should eliminate all the existing inequalities, so it would appear that education is accessible to all citizens in a fair and equitable, "he explained.

In addition, continued Anwar, the fact that the students who attend the school the status of SBI / RSBI have to pay a lot more than non-SBI/RSBI schools. It thus associated with the odds of SBI / RSBI additional charge of learners with or without school committee. With such reality shows that only families with economic status and the rich can afford to send their children to school SBI / RSBI.

According to the Court, that in addition to causing such differences of treatment on access to education also resulted in the commercialization of the education sector. Quality education becomes an expensive item that can only be enjoyed by those who are economically. It was thus contrary to the constitutional principles that make for education as the responsibility of the state.

Dissenting Opinion

Deputy Chief Justice Ahmad Sodiki expressed a different opinion (dissenting opinion) that this application should be rejected because it is a concrete case. In addition, continued Sodiki, there are no elements in Article 50 paragraph (3) Education Law can be interpreted cause of national educational dualism, because the curriculum used is the national curriculum. "There is also no word in the article that can be interpreted liberalization, discrimination, or anything that offends the dignity of the nation Indonesia Indonesian language. Fear of learning a foreign language under the pretext of losing national identity Indonesian language is excessive. People learn a foreign language is not meant to get rid of the Indonesian language, but because of the need for the language, for a better life, "he said.

Furthermore, Sodiki explaining things RSBI and SBI weaknesses can actually be repaired without voiding efforts to improve the quality of education through RSBI and SBI. According to Sodiki, expects an increase in the quality of education and at the same instant perfect and satisfy everyone is impossible. "Improving the quality of education is a long term investment, it RSBI / SBI is a real effort and positive results equalization improved the quality of education, even if it still contains drawbacks. Based on the arguments above, this petition should be denied," he said. (Lulu Anjarsari / mh)

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