–Bernard Nicholas Singarimbun, University of Hamburg
As Indonesia celebrates its 80th year of independence on August 17, 2025, the country looks back not only on its political freedom but also on the promises made to improve the fundamental right of the people, especially in education. Since becoming independent in 1945, Indonesia has aimed to provide a fair education for all its citizens, as stated in Article 31 of the Indonesian 1945 Constitution which guarantees education as a right for every citizen. This constitutional provision is aligned with the commitment of Indonesia to its ratification of the International Conventions, such as the International Convenant on Economic, Social, and Cultural Rights (ICECSR), whose Article 13 requires primary education to be compulsory and free to all. Similarly, Article 26 of the Universal Declaration of Human Rights (UDHR) demands universal access to education without discrimination. However, many challenges remain to make this promise a reality for all children across Indonesia.
Constitutional Court Decision Number 3/PUU-XXII/2024
On May 27, 2025, the Constitutional Court of Indonesia issued Decision No. 3/PUU-XXII/2024, reaffirming that the state is constitutionally obligated to finance basic education for all Indonesian children not only in public schools, but also in private and religious schools. The Constitutional Court granted judicial review of Article 34 paragraph (2) of Law No. 20/2003 on the National Education System, filed by the Indonesian Network for Education Watch (JPPI), represented by national coordinator Abdullah Ubaid and others.
JPPI challenged the phrase “compulsory education at the basic level free of charge” in the law, arguing that it unfairly applied only to public schools. The Court agreed, ruling that this limitation created inequality and violated constitutional rights, especially for children forced to attend private schools due to limited public school capacity. The Court, then declared the phrase in Article 34(2) of the Law ambiguous and discriminatory, and held that it contradicts Article 28C paragraph (1) of the Constitution, which guarantees every citizen the right to develop through education.
The Constitutional Court rightly emphasized that the state cannot hide behind fiscal excuses while millions of children are forced out of school due to limited capacity of public schools. However, the mandate for free basic education has yet to be fully implemented, especially in private schools, where the government must now allocate adequate unit costs per student and clarify this obligation through detailed regulations reflecting the Court’s decision. The Court mandates that the state prioritize the education budget to cover basic education needs across public and private institutions, aiming to reduce the financial burden on students, particularly those from disadvantaged backgrounds. Assistance should only go to private schools and madrasahs that meet clear legal requirements and provide financing support to students.
According to calculations by the Jaringan Pemantau Pendidikan Indonesia (JPPI), reallocating Rp 84 trillion from the 2025 education budget of Rp 724 trillion would be sufficient to begin implementing free basic education in partnership with private schools collaborating with the government. This provision serves as critical momentum for restructuring the education budget, urging the government to allocate at least 20 percent specifically to education, rather than scattering funds across multiple ministries and agencies. Education experts like Darmaningtyas emphasize that free education should focus on private schools serving lower-middle-class communities, with tailored interventions such as School Operational Assistance Fund (Dana BOS), deployment of Civil Servant teachers (ASN), and school rehabilitation for schools categorized as moderate or poor. In sum, while the Court’s decision is a profound legal advance for education equality, its success depends on the government’s ability to translate constitutional principles into concrete, equitable funding and regulatory frameworks.
Challenges Surrounding the New Sekolah Rakyat Initiative
Recently, the Indonesian Government inaugurated a SekolahRakyat to provide affordable education alternatives for children from low-income familes. This initiative holds significant potential to reduce poverty by increasing access to education, thereby improving social mobility and economic opportunities for marginalized communities. While this initiative aims to increase educational access, the term “Sekolah Rakyat” carries colonial-era connotations and risks fostering social segregation by isolating economically disadvantaged students in boarding schools separate from mainstream education. This segregation may reinforce stigmas and alienate students from broader society.
Furthermore, placing Sekolah Rakyat under the Ministry of Social Affairs complicates education governance and budget allocation, potentially diluting the effectiveness of the national education budget and focusing on economic status rather than educational quality. Critics argue that existing support programs like the School Operational Assistance Fund (Dana BOS) and Family Aid (PKH) might be better enhanced to improve access rather than investing heavily in new schools. The broader issue lies in the prevailing neoliberal education paradigm that treats education primarily as an economic investment, restricting access to those with stable economic backgrounds. Fundamental reform is necessary to create an inclusive education system accommodating all social classes rather than reinforcing educational inequalities. Policymaking should be substantive and well-prepared, balancing social inclusion with quality education and avoiding policies that might unintentionally deepen existing disparities.
Looking Forward: Independence Beyond Symbolism
True independence extends beyond symbolic celebrations; it demands concrete actions that guarantee fundamental rights such as free and equal education for all citizens. The principle of educational equality, rooted in John Rawls’ theory of justice, argues that institutions must provide fair equality of opportunity, especially for the least advantaged. Applying this to education, recent progress shows that the government’s duty to fund education is not limited to public schools. The Constitutional Court has confirmed that the state must also help cover the costs of basic education in private and religious schools, especially when public schools are full. This decision encourages a more fair and inclusive education budget that supports all students equally, regardless of where they go to school.
Programs like Sekolah Rakyat, which aim to help children from low-income families, are a positive step and reflect efforts toward achieving education sovereignty, where communities take part in fulfilling the right to education. However, if these schools are not integrated into the national education system and held to the same quality standards, they risk creating inequality instead of solving it. To avoid this, education policies must follow both national and international legal rules that protect the right to equal and non-discriminatory education. These are not just ideals, but real legal responsibilities. To achieve true equality, policies should remove the barriers that exclude students, not create new ones in different forms. To achieve real progress, education reform must be grounded in constitutional values, especially equality, dignity, and inclusion. Only through a holistic and rights-based approach can Indonesia move beyond symbolic independence and toward a truly inclusive education system for all.
For instance, consider a child from a rural village in Eastern Indonesia where public schools are scarce or under-resourced. Without inclusive funding policies, that child might be forced to attend a private or religious school that charges fee the family cannot afford. Under a holistic, rights-based approach, the government would not only ensure that public schools are expanded and improved in these regions, but also guarantee funding support to private and religious schools that serve disadvantaged students. This includes school operational funds (BOS), infrastructure support, teacher placement, and regulatory oversight to ensure quality and equity. Such a model would reflect not just access to education, but equal access to quality education, removing barriers caused by geography, income, or institutional type. It shows how aligning policy with the Constitution and human rights standards can transform education from a symbolic promise into a real foundation for justice and national development. In closing, achieving true educational independence means the government must commit to a comprehensive and serious strategy that guarantees equality across all aspects of education. Only then can Indonesia fulfil its constitutional commitment of a fair, inclusive system that empowers every citizen to thrive.
Suggested citation: Bernard Nicholas Singarimbun, Education Sovereignty in Indonesia: 80 Years On, Has the Constitutional Right Been Fulfilled? Int’l J. Const. L. Blog, Aug. 12, 2025, at: http://www.iconnectblog.com/education-sovereignty-in-indonesia-80-years-on-has-the-constitutional-right-been-fulfilled/
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