---

Verdict announcement session on Act of National Education System held on Wednesday (7/10) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

 

The Constitutional Court (Mahkamah Konstitusi –MK) assesses the provision saying central government and regional government guarantee free compulsory education, is part of Indonesia education policies in order to provide education to entire citizen. According to the Court, the phrase ‘guarantee’ (‘menjamin’) means that central government and regional government shall prepare and facilitate the implementation of compulsory education, Constitutional Justice Wahiduddin Adams delivers Court’s Opinion stated in judicial review verdict on Act Number 20 Year 2003 of National Education System, on Wednesday (7/10) at Plenary Room, the Constitutional Court Building.

As known, the Indonesia Education Monitoring Network (Jaringan Pemantau Pendidikan Indonesia) et al. file petition on Act a quo.  

In the petition, the Applicants request the Court to declare Article 6 (1) Act a quo contrary to the 1945 Constitution if it isn’t interpreted ‘8 years-old children until 18 years-old teenagers shall attend primary education and secondary education’ (‘yang berusia tujuh sampai dengan delapan belas tahun wajib mengikuti pendidikan dasar dan pendidikan menengah’). The Applicants assess provision stated in Article 6 (1) Act a quo saying ‘As Indonesian citizens, 8 years-old children until 15 years old teenagers shall attend primary education,” implies that the State doesn’t protect education rights of teenagers aged above 16 and below 18 years old.

According to the Court, regional government able to determine policies in order to advance the stage of compulsory education until secondary education, as regulated in Government Regulation of Compulsory Education (Peraturan Pemerintah tentang Wajib Belajar). The regulation also regulates that further policies regarding the implementation of compulsory education until secondary education is regulated in regional regulation under each region’s respective condition. The Court then exemplifies that South Sumatra provincial government has determined regional regulation regarding free tuition fee for elementary school students and junior high school students.

“South Sumatra legislators, for example, have determined Regional Regulation Number 3 Year 2009 as amended by Regional Regulation Number 17 Year 2014 of Free Tuition Fee Implementation in South Sumatra. The regulation aforementioned stated that entire elementary schools, junior high schools, high schools and vocational schools, both state schools and private schools, entitled to grant school operational cost from provincial government and regional governments. So does in regency level. Muaro Jambi Regency legislators have determined Regional Regulation Number 04 Year 2013 of Education System Implementation, saying budget allocation is guaranteed for education implementation for 7 years-old children until 18 years old teenagers,” said Wahiduddin Adams when read Court’s Opinion stated in the verdict of Case Number 92/PUU-XII/2014.

Therefore according to the Court, compulsory education policy is an open legal policy for central government and regional government. However, the Court asserts that open legal policy shall be in line with one of the legislation establishment principles, which is the principle of applicability. The Court assesses regulation will disappoint public if it is inapplicable due to lack of facilities, resources, and budget.

“Any regulation that cannot be implemented well due to unprepared facilities, resources, and budget, will cause public disappointment and harm legislators’ dignity,” said Wahiduddin.

Although the Court considers the Applicants have no legal standing, the Court declares Applicants’ petition has no legal ground. “Judicial Verdict. Adjudicates, declares reject Applicants’ petition in its entirely,” said Deputy Chief Anwar Usman when read Court Verdict. (Yusti Nurul Agustin/IR/Prasetyo Adi N) 

---