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"Dream - The Chief Justice of the Constitutional Court (MK) M. Guntur Hamzah emphasized that the government has an obligation to provide free basic education or free schooling for all citizens."
"This is based on the mandate of the 1945 Constitution (UUD) which regulates the rights and obligations of the state in the field of education."
"Our constitution has provided clear guidelines, namely the obligation of the government to finance basic education and the obligation of every citizen to receive basic education," emphasized Guntur during the session of the constitutional court's lawsuit on the National Education System Law (UU Sisdiknas), as reported from Youtube MK, Thursday, July 25, 2024. Guntur explained that the state's obligation to cover all costs of basic education, from the Elementary School (SD) level to the Junior High School (SMP) level, is stated in Article 31 Paragraph 2 of the 1945 Constitution."
Funds to finance this basic education will be taken from the total education budget allocated by the government, which is 20 percent.
"However, the government is also asked to recalculate whether the current education funds are sufficient to cover all the costs of basic education. "Whatever the situation, the government must fulfill its obligation to finance basic education for all citizens. At a minimum, prioritize basic education from 20 percent of the education budget," said Guntur."
"We need to know how much budget is required for basic education, regardless of whether it is a public or private institution. What is the need?," he added. If there is any excess funding after basic education is met, then that funding can be used to finance other educational needs such as Senior High School (SMA) up to higher education, including vocational schools."
"The constitutional obligation for the government to finance basic education must be upheld, regardless of the status of public or private schools," he concluded. In the hearing for case number 3/PUU-XXII/2024, the Constitutional Court will still seek opinions from other parties before reading its decision on the material test of the National Education System Law."
"Additionally, the Constitutional Court will also ask for information from the Ministry of Finance and the National Development Planning Agency (Bappenas) to discuss similar matters."
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