Jakarta. Chief Human Development and Culture Minister Pratikno on Friday welcomed a landmark Constitutional Court ruling requiring the government to provide free basic education at both public and private elementary and junior high schools.

“The Constitutional Court’s decision reaffirms the constitutional mandate that education is the right of every citizen. The state is responsible for ensuring fair and inclusive access to basic education for all,” Pratikno said in a statement on Friday.

Indonesia is moving closer to achieving universal access to free basic education after the court partially granted a judicial review of the 2003 National Education System Law. The ruling modifies Article 34, Paragraph 2, which previously only required the government to guarantee free education in public schools. The mandate now extends to private institutions, particularly those serving underprivileged communities.

Pratikno said his office would coordinate closely with relevant ministries and agencies to ensure the ruling is implemented with precise and actionable policies, including adjustments in regulations and budget allocations.

“We will coordinate with the Primary Education Ministry to develop an implementable and measurable strategy. The affirmative spirit of the ruling must be translated into detailed, enforceable policies,” he said.

The strategy includes revising existing regulations, designing a more equitable funding model for private schools, improving governance systems, and reallocating education budgets to ensure basic education is truly free and accessible, especially for children outside the formal education system or those who have dropped out.

Data from the Primary Education Ministry shows that more than 3.9 million school-aged children are currently not enrolled in school. That includes over 880,000 who dropped out, more than 1 million who graduated from one level but did not continue, and over 2 million who have never attended school.

“The government must also address the pressing issue of out-of-school children. This ruling gives us strong legal grounds to extend our reach to them,” Pratikno added.

Education Minister Abdul Mu’ti said his ministry is still reviewing the ruling and will engage with local governments and private education providers to prepare for implementation. “This ruling is a pivotal moment to reinforce the state’s commitment to equitable, inclusive, and high-quality basic education for all Indonesian children,” Pratikno said.

Human rights advocates also hailed the court's decision. Amnesty International Indonesia Deputy Director Wirya Adiwena said the government must comply with the ruling, which aligns not only with the Constitution but also with international human rights obligations.

“This is a major milestone for the advancement of human rights in Indonesia’s education sector,” Wirya said in a statement. “It reflects Indonesia’s commitment to international obligations, such as the Convention on the Rights of the Child, which mandates free, inclusive, and quality basic education for all.”

Wirya also cited the International Covenant on Economic, Social and Cultural Rights (ICESCR), another treaty Indonesia has ratified, which recognizes education as a fundamental right and binds states to fulfill it.

“Free and quality education is a fundamental human right. It is one of the most powerful tools to empower marginalized individuals and break the cycle of poverty,” Wirya said.

He criticized the long-standing underfunding of schools, particularly those serving poor communities, and urged the government to reform its education policy and budgeting accordingly.

“This ruling must serve as a catalyst for the government to strengthen an inclusive, fair, and affordable education system,” he said.

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