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Court orders govt to provide free basic education in all schools
While not restricting certain private schools from charging their students for tuition, the Constitutional Court orders the government to provide a financing policy to ensure inclusive access for elementary education.
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Elementary school pupils hold their civic registry documents while lining up to be photographed by Pontianak Population and Registry Registration Agency at SD 10 state elementary school in Pontianak, West Kalimantan, on May 20, 2025. (Antara/Jessica Wuysang)
T
he government is obligated to provide free education at the elementary level in both public and private schools, the Constitutional Court has said in its ruling on a judicial review petition against the 2003 National Education System (Sisdiknas) Law filed by an education watchdog.
During a hearing on Tuesday, court justices read their conclusion that the implementation of Article 34 paragraph 2 of the 2003 law, which stipulates that basic education should be free of charge, was not inclusive of all as it has only been applied to public schools.
In the Sisdiknas Law, the basic education level covers elementary and junior high school, including their equivalent in madrassas.
The justices also noted that while the government provided funding to provide free education in public elementary schools, it failed to take notice of the limited capacity of these schools, which forced many students to enroll in private schools that charge for tuition. Such a situation, the court added, went against the state’s obligation as stipulated in the law.
“The state must implement a basic education financing policy that [covers] students in public and private schools as well as madrassas, through educational assistance mechanisms or subsidies, so that there won’t be any gap in access to basic education,” Justice Enny Nurbaningsih said, reading the ruling on Tuesday.
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Free elementary education, the justice continued, is part of the economic, social and cultural rights of a citizen, which can be fulfilled “gradually, selectively and affirmatively without being discriminatory” depending on the state’s capacity.
