Legal counsel Brahma Aryana conveying the petition’s revisions for the judicial review of Law No. 20 of 2003 on the National Education System, Monday (8/4/2025). Photo by MKRI/Panji.

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JAKARTA (MKRI) — The Indonesian Students League for Democracy (Liga Mahasiswa Indonesia untuk Demokrasi or LMID) and four individual university students presented the revisions to the judicial review petition of Article 11 paragraph (2) of Law No. 20 of 2003 on the National Education System (Sisdiknas Law) before the Constitutional Court (MK). The Petitioners of case No. 111/PUU-XXIII/2025 stated that the posita or reasons for the petition had been revised by elaborating the loss of constitutional rights due to the enforcement of the articles being reviewed against the 1945 Constitution.

“We detail the posita one by one, which articles show our losses,” said the Petitioners’ legal counsel Brahma Aryana at the petition revision hearing on Monday, August 4, 2025.

He said the petition differs from a petition the Court had ruled in 2009. The object of review and the articles of the Constitution against which it is reviewed is different. He emphasized that the petition only concerns the phrase “aged seven to fifteen years” in Article 11 paragraph (2) of the Sisdiknas Law.

For reference, Article 11 paragraph (2) of the Sisdiknas Law currently reads: “The Government and Regional Governments are obliged to ensure the availability of funding to implement education for every citizen aged seven to fifteen years.” The Petitioners argue that this provision conflicts with Article 31 and Article 28C paragraph (1), Article 28D paragraph (1), Article 28I paragraph (2), and Article 31 paragraphs (1), (3), and (4) of the 1945 Constitution.

Accordingly, the Petitioners request the Constitutional Court to declare Article 11 paragraph (2) of the Sisdiknas Law unconstitutional. They propose that the provision should instead read: “The Government and Regional Governments shall ensure the availability of funding for the implementation of education for every citizen at all levels of education in a progressive manner.”

The case was heard by a panel chaired by Constitutional Justice Arief Hidayat, with Constitutional Justices Anwar Usman and Enny Nurbaningsih as members. Justice Arief stated that the receipt of the revised petition was recorded to be 14:43 WIB, while the Court-ordered deadline was 12:00 WIB. He added that the petition document had not been signed by legal counsel Girindra Sandino. These, he said, would be taken into consideration.

Also read: Exploring Feasibility of Free Basic and Higher Education

At the preliminary hearing on Tuesday, July 22, the Petitioners argued that the Government must guarantee education funding for every citizen at all levels of education in a progressive manner, not merely for those aged 7 to 15 years or limited to basic education. They contended that the provision in the Sisdiknas Law, which imposes the burden of financing higher education directly on students, infringes upon their constitutional rights. They believe higher education funding is not merely an economic concern but reflects a structural mechanism that perpetuates inequality and hinders national development.

They maintained that the high cost of education has led hundreds of thousands of students to discontinue their studies due to financial hardship. Data from the Ministry of Higher Education shows that more than 350,000 students dropped out of university in 2023, most of whom were enrolled in private institutions.

They particularly highlighted the burden posed by the single tuition fee system (uang kuliah tunggal or UKT), which they view as a major financial barrier. In the 2023/2024 academic year, the average cost of higher education reached Rp19.01 million annually, with tuition fees in Indonesia having increased by approximately 50 percent between 2014 and 2023.

Author       : Mimi Kartika
Editor        : N. Rosi
PR            : Tiara Agustina
Translator  : Yuniar Widiastuti (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.

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