4 facts of the decision of the Constitutional Court ask the government to frard

Jakarta – The decision of the Constitutional Court (MK) ordered the government to eliminate the costs of primary schools and private junior high schools. The Constitutional Court conveyed a number of considerations and when the decision eliminated the costs of primary schools and private high schools. The release of the cost of primary schools and private junior high schools is the decision of the Constitutional Court in the granting of a judicial case for the legal number 2003 regarding the National Education System (Sisdiknas Law). The ruling was read on Tuesday (5/27) during the hearing in the Constitutional Central Jakarta. Applications with Number 3/Puu-Xxiii/2025 were submitted by the Indonesian Education Monitoring Network with three individual applicants, namely Fathiyah, Novianisa Rizkika, and Riris Roka Anjiningrum. Fathiyah and Novianisa are housewives, while Riris works as official (PRF). Browse to proceed with the content “award of the applicant’s request for part. Explain section 34 paragraph (2) of the Act number 20 of 2003 regarding the national education system that controls the Constitution of 1945 of the Republic of Indonesia, and does not have a legal power bond, as long as it is not interpreted, and the local government guarantees the implementation of the compulsive unit at least at the level of basic Education, both for the basic education. The Constitutional Court emphasized that the central government and regional governments (PEMDA) must guarantee the implementation of minimum compulsory education at the level of basic education without raising fees. This applies to basic teaching units arranged by the government and basic teaching units arranged by the community. Considering the Constitutional Court Panel of the Constitutional Court MK. (Ari Saputra/detikcom) In its consideration, the Constitutional Justice Enny Nurbaningsih considers the phrase ‘minimum compulsory education at the level of basic education without collecting fees’ in Article 34 paragraph (2) of national education system law which only increases gaps for public schools. As a result, saying is a limited capacity in public schools until students are forced to study in private schools. “As an illustration, in the school year 2023/2024, public schools at the primary school level could accommodate only as many as 970,145 students, while private schools accommodated 173,265 students. schools do not get and have to go to a private school with a larger cost burden. “So that there are a facts that are not compatible with what was organized by the 1945 Constitution of the Republic of Indonesia, especially Article 31 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, because the constitutional norms did not limit the state of the state. State of basic education must finance with the purpose of citizens to carry out their obligations to follow basic education. The court asked for a fair budget allocation for junior high school students. (Pius Erlangga) In one of his considerations, constitutional justice and Nurbaningsih asked the state to know an educational budget and fair. The implementation of these provisions is how the state can ensure that the education budget is truly and fairly assigned, including for community groups that have limited access to public schools. public schools accommodate, “MK’s statement said. According to the Constitutional Court, the need for government assistance as a form of manifestation of government’s constitutional obligations to finance basic education, such as commissioned by section 31 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Lifted or lacking. The Constitutional Court, although not banned from schools or private Madrassas, is fully financing for the implementation of education that comes from students or other sources that are not in conflict with statutory regulations, but for the school or private Madrasa, it still provides opportunities for students in the school environment or private Madrasa to provide students or Madras. The above considerations, according to the court, have questioned the argument of the ordinators who have the constitutionality of the phrase “compulsory education at a minimum level of basic education without collecting fees’ in the norms of section 34 paragraph (2) of the Act 20/2003, which according to the requesters caused multi -interpretation and discrimination only in the legislation. Furthermore, the Constitutional Court said that the norm of Article 31 paragraph (4) of the 1945 Constitution of the Republic of Indonesia no form of education that became the scope of 20% of the education budget. The APBN and the APBD are further determined in Article 49 of the national education system. of the Judge of the Constitutional Court: Saldi Isra and Suhartoyo. which immediately (immediately) by reducing the state’s interference in the implementation of these rights, “the MK’s statement said.” Meanwhile, the ability of the state’s ability, because the compliance of ecosob rights is always related to the availability of the facilities, the infrastructure, basic education and its budget. The rights of ecosob. Indonesia. Applicant’s basic education. unconstitutional with the Constitution of 1945 and does not have a binding legal force.