A judicial review hearing of the National Education System Law (Sisdiknas Law) in the plenary courtroom, Tuesday (7/23/2024). Photo: Public Relations/Panji
JAKARTA (MKRI)—The state seems to be starting to relinquish its responsibility towards the education of every citizen, said Deputy Chief Justice Saldi Isra at the sixth hearing of the material judicial review hearing of the National Education System Law for case No. 3/PUU-XXII/2024 on Tuesday, July 23, 2024, in the plenary courtroom. Chief Justice Suhartoyo and the other eight constitutional justices presided over the hearing.
“Tuition fees now can reach up to Rp50 million per semester. It’s hard to imagine how the poor can afford this. Institutional development fees for higher education can reach up to Rp300 – Rp400 million. Although this petition focuses on basic education, it makes us reflect on whether there is something wrong with how we manage education,” Deputy Chief Justice Saldi remarked while questioning the Government’s Expert and Witnesses.
He further mentioned that the Panel of Justices needs real projections if the petitioners’ request to make private basic education free is granted. He noted that the 20% education budget mandated by the Constitution would not suffice.
“If more parents are leaning towards private schools, will such a budget be enough for nine years of basic education? Over the years, there have been projections that certain private schools should not be made free because some parents are willing to pay high fees. We might need actual figures for this,” Saldi added.
He asked Nisa Felicia, the Executive Director of the Center for Education Policy Studies, who was presented as the Government’s Expert, to provide an overview of the education budget if basic education is made free for both public and private institutions.
“We don’t want to deny the petitioners’ petition because the Constitution clearly mandates a 20% budget for education. However, if granted without clear numbers, it could be problematic. This is a real dilemma. Expert, please help us with these issues,” Deputy Chief Saldi requested.
Quality of Private Education
During the hearing, Nisa stated that an asymmetric policy involving private education providers is needed to address the education capacity issues in Indonesia, considering the nature of education access in different regions. She argued that making private education free is not the only policy option; other targeted and efficient choices exist.
“Free education for both public and private institutions must be implemented based on considerations and calculations that align with the typology of education access, the quality of private schools, and regional capabilities,” she explained.
She highlighted that the quality of private schools varies widely, with many being below the quality of public education. Thus, if the government wants to involve private institutions in fulfilling children’s right to basic education, quality must be a priority.
“We must select which private schools to involve based on quality. This is not easy, Your Honor. Our experience in Jakarta shows that we use an index to determine which private schools can be included in the joint New Student Admission system (PPDB) by considering learning outcomes, teacher composition, and accreditation,” She said.
Nisa further explained that by considering quality, the government can identify which private schools truly deserve support and can be deemed “equal” to public schools.
Only 15% of the Budget is under the Ministry of Education
Meanwhile, Vivi Andriani, Head of the Planning Bureau at the Ministry of Education, Culture, Research, and Technology (Kemendikbudristek), who was presented as a Government Witness, stated that the ministry manages only 15% or approximately Rp98.9 trillion of the 2024 education budget, which totals Rp665 trillion.
"The education budget for Non-Ministerial/Institutional Expenditures is Rp47 trillion, and the financing budget is Rp77 trillion, both managed by the Ministry of Finance. This includes Rp25 trillion for the Education Endowment Fund managed by LPDP, which also covers the Endowment Fund for Pesantren," She explained in response to the case petitioned by CSO Jaringan Pemantau Pendidikan Indonesia (JPPI) or Network Education Watch Indonesia (New Indonesia) and three individual petitioners—Fathiyah, Novianisa Rizkika, and Riris Risma Anjiningrum.
She added that the Government is committed to maintaining the 20 percent allocation for education from the State Budget (APBN) as mandated by the 1945 Constitution. For 2024, the education budget is Rp665.02 trillion, with Rp236.1 trillion allocated for primary and secondary education in public and private schools. This includes Rp227 trillion for salaries and allowances for educators and operational costs and Rp9.07 trillion for rehabilitating damaged facilities and adding new classrooms.
“According to Government Regulation Number 17 of 2017, the Minister of National Development Planning and the Minister of Finance have authority over planning and budgeting. The Minister of Education, Culture, Research, and Technology only submits budget proposals and does not decide on budget allocations,” she explained.
Also read:
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Law No. 20 of 2003 on the National Education System (Sisdiknas Law) is being materially challenged to the Constitutional Court (MK) in case No. 3/PUU-XXII/2024. The Petitioners challenge the phrase “compulsory education for basic education free of cost” in Article 34, paragraph (2) of the Sisdiknas Law. The article reads in full, “The Government and local governments shall guarantee the implementation of compulsory education at least for basic education free of cost.”
At the preliminary hearing on Tuesday, January 23, 2024, legal counsel Arif Suherman alleged that the phrase was multi-interpretive since only basic education in public schools is free of cost. He argued that free basic education only applies in public schools, not in private schools. As such, the phrase “compulsory education for basic education free of cost” in Article 34 paragraph (2) has created legal uncertainty. This, he alleged, is a form of discrimination in education.
For this reason, in their petitum, the Petitioners asked the Court to declare the phrase “compulsory education for basic education free of cost” in Article 34 paragraph (2) of the Sisdiknas Law conditionally unconstitutional not legally binding if not interpreted as “compulsory education for basic education in public and private schools free of cost.”
Authors : Utami Argawati/L.A.P.
Editor : Lulu Anjarsari P.
PR : Raisa Ayuditha
Translator : Dzaki Difa Al Hadiid/Yuniar Widiastuti/Rizky Kurnia Chaesario (NL)
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.
Tuesday, July 23, 2024 | 15:30 WIB 219