MK Ruling: Will All Private Schools Be Free?

Casal dels Infants – Private schools are included in the ruling requiring the government to cover basic education costs for all Indonesian children. Although the government prioritizes public schools, it will involve private schools under certain conditions.

According to Ubaid Matraji, Coordinator of the Indonesian Education Monitoring Network (JPPI), this ruling resulted from JPPI’s lawsuit. The lawsuit challenged Article 34, Paragraph 2 of Law Number 20 of 2003. The lawsuit demanded the state fulfill every child’s right to basic education without exception, and the MK partially granted the petition.

“The core issue is that JPPI is asking the government to develop strategic steps to protect children’s right to education,” Ubaid said on Friday, May 30, 2025.

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The Role of Private School in Fulfilling Education

Ubaid explained that the scheme includes private schools because public schools have limited capacity. If the number of students exceeds public school capacity, private school must accommodate the surplus.

Ubaid said, “For example, if an area has 1,000 children entering school but public schools can only accommodate 500, the remaining 500 must enroll in private schools.”

The government is responsible for ensuring these children’s right to basic education through collaboration with private school.

Not All Private Schools Are Obliged to Participate

However, Ubaid emphasized that the scheme does not require all schools to join. Schools that do not receive government operational assistance funds (BOS) have the right to refuse cooperation with the government. The same applies to schools with special independent curricula. He added that private schools have the right to refuse participation in the government’s scheme if they choose not to join.

In other words, not all private schools will be free. Only those cooperating with the government will implement the free education scheme for the additional students. This MK ruling marks a significant step toward ensuring equitable access to basic education in Indonesia. It especially benefits children from underprivileged families.

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