Landmark Court Ruling: Indonesia Must Provide Free Primary Education for All
JAKARTA, RAKYAT NEWS — Indonesia’s Constitutional Court has issued a historic ruling mandating the government to provide free primary education across the country, covering both public and private schools that meet regulatory criteria. The decision, delivered on Tuesday (May 27), partially granted a judicial review of Article 34(2) of Law No. 20/2003 concerning the National Education System.
The Court emphasized that the phrase “compulsory basic education without fees” must be interpreted as a binding obligation for both central and regional governments to guarantee cost-free primary schooling. While private schools are still permitted to seek external funding, they may only receive government support if they comply with official regulations.
In response, Amnesty International Indonesia welcomed the ruling as a major advance in fulfilling the country’s constitutional and international commitments. “This ruling marks a pivotal moment for advancing human rights in Indonesia’s education sector,” said Wirya Adiwena, Deputy Director of Amnesty International Indonesia.
Indonesia is a party to key international treaties such as the Convention on the Rights of the Child and the International Covenant on Economic, Social, and Cultural Rights (ICESCR), both of which obligate the state to ensure free, inclusive, and quality education for every child. The ruling, Amnesty noted, helps bring Indonesia closer to meeting these standards.
Despite these legal obligations, many schools across the country remain underfunded, with students from low-income families struggling to access quality education. Amnesty stressed that this ruling must serve as a catalyst for urgent reform in education policy and budgeting, particularly to address persistent inequalities.
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