Upholding our children’s right to education

People were shocked by a recent report on a five-day halt of activities at the North Jakarta International School (NJIS) from Sept. 27 till Oct. 1 due to a dispute between the school and property developer PT Summarecon Agung over a rented plot of land. The temporary closure was taken in response to three warning letters previously issued by Summarecon after NJIS could not reach an agreement with the developer over the school’s desired purchase of the plot that it has been renting for 20 years, despite two years of negotiation.

Let’s not discuss the dispute. We should pay more attention to the disruption of school activities at NJIS — particularly its impact on students, who suffered  not only from financial losses due to already paid school tuition, but also from a violation of their right to education as guaranteed in the 1945 Constitution.

The right of every Indonesian to education is also guaranteed in Article 12 of the Law on Human Rights and also in articles 9 and 49 of the Law on Child Protection. Internationally, such a right is guaranteed by Article 26 of the Universal Declaration of Human Rights and Article 13 of the International Covenant on Economic, Social and Cultural Rights.

Besides neglecting their right to education, the dispute could have traumatized NJIS students who saw their school surrounded by security guards. A banner displayed in the school compound saying the school’s lease had expired also gave the impression of a frightening situation there.

Schools are formal institutions that are significant for children’s education. Schools are where children follow curriculums and exchange thoughts with teachers and fellow students so that the level of their intelligence can improve. At school, children not only develop knowledge and formal education but also the ability to communicate, interact and adapt to the school’s environment. The dispute and the temporary halt of school activities will certainly inhibit the development of NJIS students and therefore neglect their human rights.

The case against the NJIS students is a human rights test for President Susilo Bambang Yudhoyono’s administration. The government needs to act immediately. If this is allowed to go on it will ruin the image of human rights in Indonesia. Moreover, considering that some NJIS students are children of diplomats from friendly countries, this incident may become a topic for discussion in their respective countries. It might create an image of Indonesia as a place that does not protect or respect human rights, especially the right to education. In the long run, it will decrease in foreign investors’ trust and could inhibit the recovery of Indonesia’s economy from a prolonged crisis.

The moral of the story is that the children’s right to education cannot be restricted, reduced, withdrawn or eliminated by anyone, including commercial interests. Commercial interests must give way to reforms in our education system, which have been left behind by other nations. Without tough, educated and qualified human resources, it will be difficult for us to compete with other nations.

The state, therefore, must intervene to maintain order so the NJIS students can study in peace. The police must ensure the continuity of school activities at NJIS. At the same time, humane settlement of the land dispute must be pursued so as to bring normalcy back to the school and ensure the students get their constitutional rights to education.


The writer is a lecturer at Pelita Harapan University’s law school and member of the governing board of the National Law Commission.