Inp.polri.go.id - Jakarta. The Constitutional Court ruled on Tuesday (27/5/2025) that the government must gradually ensure free basic education not only in public but also in private schools. 

The ruling mandates the central and local governments to remove tuition fees for elementary and junior high education across both sectors, as reported by antaranews.com.

Justice Enny Nurbaningsih explained that this obligation reflects the state’s duty to fulfill economic, social, and cultural rights, which can be implemented progressively based on national capacity.

The Court revised Article 34(2) of the National Education System Law, which previously applied ambiguously and led to discrimination, limiting free education to public schools.

The Court emphasized that many students attend private schools due to limited public school capacity. It called for targeted subsidies or financial assistance to private schools, without forcing those that decline government funds to operate tuition-free. These schools, however, must offer financial aid to students in need, especially in underserved regions.

(mg/inp/pr/nm)