Jakarta. The Constitutional Court ruled on Tuesday that the government is constitutionally obligated to fund both public and private elementary schools, reaffirming that free elementary education must be accessible to all citizens.

Chief Justice Suhartoyo said the ruling was based on the 1945 Constitution, which mandates the government to cover the cost of elementary education for all children.

“While private elementary schools may seek independent sources of funding, the central and regional governments are required to ensure that eligible students receive state support for free elementary education,” Suhartoyo said during the hearing in Jakarta.

The ruling grants a petition filed by three individuals who challenged Law No. 20/2003 on the National Education System, which limits free education provisions to state schools. The Court found this law to be in violation of Article 31(2) of the Constitution, which states: “Every citizen must acquire elementary education, and the government is obliged to shoulder the costs.”

Suhartoyo underlined that while financial assistance to students enrolled in private schools can only be granted under certain conditions, the state cannot abdicate its responsibility.

Justice Enny Nurbaningsih added that the limited capacity of public schools often forces students to attend private institutions, underscoring the need for state support in both sectors.

“For example, in the 2023/2024 academic year, state elementary schools could only admit 970,145 students, while private schools accepted an additional 173,265,” she said.

Enny noted that many families turned to private schools not out of preference, but because of insufficient space in public schools. The state, she said, must ensure that no child is denied elementary education due to economic hardship or lack of capacity in public schools.

“The Constitution makes no distinction between public and private schools when mandating the government to fund elementary education,” Enny said.

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