Indonesian Education Monitoring Network, People and Pesantren Development Association, and eight other organizations incorporated in 12-year compulsory education advocating team filed a petition for judicial review on National’s Education System (Sisdiknas). The preliminary trial held on Tuesday (10/7) at MK Plenary Room. The Applicants objected that 9-year compulsory education is obsolete and discriminative.

The plaintiff suggested that article 6 verse (1) Act 20/2003 about national education system is discriminative. The ruling says that schooling ages ranging from 7- to 15-year-old. According to the Applicant, Act of children protection, Article 1 verse (1) supports their suggestion as the Article says that children is the one who hasn’t reached 18 years old.  Thus, the ruling suggests children between 16- and 18-year-old are not obliged to fulfill the compulsory education.  

To the subject, Applicants said that 12-year compulsory education is a lot more relevant to adjust periodic change and aligns with Constitution mandatory in order to enhance well-educated generations.

“Compulsory education is a mandatory loaded to citizens who are 7 to 15 years old. Albeit, to adjust with progress and changing era well-educated human resources are needed, 9-year compulsory is no longer relevant, so the need of 12-year compulsory is non-negotiable,” said Ridwan, Applicants’ attorney.  

Furthermore, Beni Dikty Sinaga, Applicant’s attorney, said that 9-year compulsory is a product generated by the fourth amendment of 1945 Constitution. In the amendment process, reform fraction argued that 9-year compulsory was issued because there were many children cannot experience basic education due to the finance problems. Within the program, government was obliged to comply he duty, so that children ranging from 7- to 15-year-old might gain basic education.

With same argument, the Applicant suggested that 12-year compulsory will encompass the government in complying children’s education until high school level.

With such reasons, the Applicant asked the Court to declare Article 6 verse (1) UU Sisdiknas opposes 1945 Constitution if interpreted as objected. “Every citizen must comply 12-year compulsory education,” Beni said. (Yusti Nurul Agustin/mh)