Deputy Chief Justice Aswanto speaking at a national seminar on “National Awareness and Protection of the Citizens’ Constitutional Rights in Education” on Friday (8/20/2021) in Mamuju, West Sulawesi. Photo by MKRI/Agung Sumarna.
Friday, August 19, 2022 | 18:16 WIB
JAKARTA (MKRI)—The Indonesian Government does not play games with the education sector. The 1945 Constitution of the Republic of Indonesia sets the education budget at a minimum of 20 percent. Not many countries set their budget for education in their constitution. Indonesia and Brazil do so.
The statement was made by Deputy Chief Justice Aswanto in his keynote speech at a national seminar on “National Awareness and Protection of the Citizens’ Constitutional Rights in Education” on Friday, August 19, 2022 in Mamuju, West Sulawesi. The event was collaboration between the Constitutional Court (MK) and the provincial government of South Sulawesi.
Education Budget Guaranteed by Constitution
Justice Aswanto said the Constitution contains the guarantee of human rights as well as the citizens’ constitutional rights comprehensively. Chapter XA contains the guarantee of human rights. One of the citizens’ constitutional rights guaranteed by the 1945 Constitution is the right to education. Article 28C paragraph (1) guarantees the right to receive education and to benefit from science while Article 28E paragraph (1) guarantees the right to choose education and teaching.
“We are proud that the education budget allocated to the West Sulawesi [regional budget] exceeds that allocated in the [state budget],” he said.
Aside from Indonesia, Brazil also set its education budget in its constitution, particularly in Article 212. This reflects the importance of the right to education for Brazil.
Justice Aswanto also revealed that the Constitutional Court had ruled on judicial review cases relating to education, i.e. Law No. 20 of 2003 on the National Education System (Sisdiknas Law), especially the elucidation to Article 49 paragraph (1): “The education budget provisions could be gradually given effect to,” where the petitioner argued that the provision was contrary to Article 31 paragraph (4) of the 1945 Constitution, which clearly states that the education budget is at least 20% of the state and regional budgets. The Court granted the petition and ruled the elucidation to said article unconstitutional. In its considerations, the Court stated that the implementation of the Constitution could not be delayed, and viewed that the elucidation had allowed for the delay of the budget allocation.
Rule of Law
Justice Aswanto revealed the founding fathers’ idea for Indonesia to become a rule of law. They emphasized that Indonesia was a law-based state, not a power-based one. The implementation of the rule of law in the nation and state should not only be a slogan.
“[The rule of law] must be implemented in our lives as Indonesians,” he stressed.
That is why, he added, the Constitutional Court was formed during the Reform with the constitutional authority to examine laws against the Constitution, resolve authority disputes between state institutions, decide the dissolution of political parties, resolve disputes over election results, as well as the obligatio to decide the impeachment of the president and/or vice president. When the DPR (House of Representatives) deems the president and/or vice president to have committed a violation, the House’s assessment is forwarded to the Constitutional Court, which then determines whether or not the president and/or vice president has committed the violation.
Key to Improving Human Resources
Meanwhile, acting West Sulawesi governor Akmal Malik said in his opening remarks that the West Sulawesi Provincial Government had fulfilled and even exceeded the mandate of the Constitution by allocating a 30-percent education budget.
“However, we are facing two fundamental problems in education: school dropout and early marriage. Based on the 2018 national socio-economic survey, the number of dropouts at the SMA, SMK, and SLB levels was 10.25 percent in 2020,” he said.
“These are two fundamental problems, [while] education is key to improving the quality of human resources. No matter how sophisticated and complex the technology is, it will be meaningless without quality human resources,” he added.
Akmal hoped that this seminar could help disseminate information about Pancasila, the 1945 Constitution, the citizens’ right to education, the state’s obligation to fulfill the right to education, as well as the roles, functions, and decisions of the Constitutional Court of the Republic of Indonesia.
Living Constitution
Constitutional Justice Daniel Yusmic P. Foekh also delivered a presentation on “National Awareness and the Protection of the Citizens’ Constitutional Rights in Education”. He explained the general definition of the Constitution and its original intent intended by the drafters.
“Meanwhile, the Constitution as a living constitution should be interpreted in accordance with the development of society. The Constitutional Court’s decisions are a [reflection of the] living constitution, which in practice have made many changes to Indonesia’s constitutional design,” he said.
Justice Foekh explained that a constitution is the highest and most important law in a country, the source for all laws and regulations. In the context of constitutional supremacy, all decisions and actions must be in accordance with the Constitution. In addition, the Constitution is binding on all state organs and their citizens.
He explained that the citizens’ constitutional right to education is guaranteed in Article 31 paragraphs (1) to (5) of the 1945 Constitution: “(1) Each citizen has the right to education; (2): Each citizen shall follow basic education and the government shall fund it; (3) The government shall exert to hold a national educational system to improve the faith and devotions as well as noble morals in the framework of developing the national life, as stipulated by virtue of law; (4) The state shall give priority to educational budget of at least twenty percent of the national budget and of regional budget to fulfil the need for holding the national education; (5) The government shall improve the science and technology by holding high religious norms and national unity for civilization progress and welfare of the mankind.”
Justice Foekh revealed several Constitutional Court decisions on education. In Decision No. 026/PUU-IV/2006 on the judicial review of Law No. 18 of 2006 on State Revenue and Expenditure Budget for the Fiscal Year of 2007, it ruled the education budget cap at 11.8 percent unconstitutional.
In Decision No. 24/PUU-V/2007 on the judicial review of Article 49 paragraph (1) of Law No. 20 of 2003 on the National Education System and Law No. 18 of 2006 on the 2007 State Budget, it ruled the phrase “teacher salaries and” unconstitutional and not legally binding.
Then, in Decision No. 5/PUU-X/2012 on the judicial review of Article 50 paragraph (3) of Law No. 20 of 2003 on the National Education System, which reads, “The Government and local governments organize at least a unit of education at all levels of education, to be developed further as a unit having international standards of education,” it opined that RSBI/BSI had led to discrimination and was a form of commercialization of education.
Writer : Nano Tresna Arfana
Editor : Lulu Anjarsari P.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 8/29/2022 09:49 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.
Friday, August 19, 2022 | 18:16 WIB 424