Fasli Jalal delivering a statement as an expert in the judicial review hearing of Article 4 paragraph (2) letter d of Law No. 7 of 2014 on Trade, Tuesday (7/5) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—Management of education in Indonesia is divided into two: managed by the Government and by the private sector. The costs for public schools in principle are borne by the Government while private schooling is managed foundations on the not-for-profit principle. This was conveyed by Fasli Jalal as expert in the judicial review hearing of Article 4 paragraph (2) letter d of Law No. 7 of 2014 on Trade on Tuesday (7/5/2019) in the Plenary Courtroom of the Constitutional Court.

Fasli emphasized the importance of the nonprofit principle and applying it in education management. The former Deputy Minister of Education explained that the nonprofit form referred to as is that the education system depends on education management. "Whether it is new investment, improving the managers’ capacity, providing scholarships, any surplus are to be returned 100% to the education service itself because that is the principle of nonprofit," said Fasli in the session chaired by Chief Anwar Usman.

In addition, in his statement, Fasli also outlined the importance of the private sector’s role in managing Indonesian education. He explained that the private sector still has to adhere to the nonprofit principle assisted by the Government, in the form of lecturer assistance, research assistance, quality improvement assistance, and various other assistances. "A sign that the state is present to assist services not carried out by the state, but by the private sector. But because this is a public service, private goods, the state will provide its support," he said in response to the petition submitted by Unika Atmajaya 4^th semester student Reza Aldo Agusta.

Meanwhile, education expert Ki Supriyoko also made a similar statement. He emphasized that the education held by the private sector must be nonprofit. "Any profits will be returned for the development of education itself," he said as Taman Siswa Yogyakarta educator.

Supriyoko also explained the education model applied by Ki Hajar Dewantara, that education is purely in service of the public, not tradable transaction. "In the past, children around the taman siswa were all allowed to attend school in 1922. At that time, education emphasized developing character and intellectuality," he said.

Back in the day, he said, tuition in Taman Siswa was set according to the students’ financial abilities. Those who could not afford it were not required to pay. "When there were profits, everything was returned to students," he explained.

In petition Number 16/PUU-XVII/2019, the Petitioner argues that his constitutional rights are impaired by the enactment of Article 4 paragraph (2) of the Trade Law that reads, “In addition to the scope of the arrangements referred to in paragraph (1), also regulated tradable services including: d. Educational services.” He claimed constitutional harm due to the norm, which allows the increase of education costs. When educational services are seen as commodity, it leads to the increase of education costs, as the objective of education shifts from educating to profit-making. According to the Petitioner, the purpose of education in Indonesia was to educate the nation, as stated in the fourth paragraph of the Preamble of the 1945 Constitution. (Arif Satriantoro/LA/Yuniar Widiastuti)