The Constitutional Right to Free Education Following Constitutional Court Decision No. 3/PUU-XXII/2024 Regarding Article 34, Paragraph (2) of Law No. 20 of 2003 on the National Education System

Abstract

This study examines the constitutional right to free compulsory basic education in Indonesia following Constitutional Court Decision No. 3/PUU-XXII/2024, particularly its implications for state financing obligations, educational equality, and regulatory governance. Employing a normative juridical research method through statutory, conceptual, and case approaches, the study analyzes the 1945 Constitution, Law No. 20 of 2003 on the National Education System, and the Constitutional Court's legal reasoning. Legal materials are examined using grammatical, systematic, and teleological interpretation supported by qualitative doctrinal analysis. The findings demonstrate that the Court's conditional interpretation of Article 34(2) reinforces the state's constitutional obligation to finance compulsory basic education in both public and privately administered educational institutions. The decision establishes that educational rights must not depend on institutional ownership and emphasizes substantive equality, legal certainty, and non-discrimination as fundamental principles of educational governance. However, its implementation presents significant challenges concerning fiscal capacity, differentiated financing arrangements, institutional accountability, and the distribution of responsibilities between central and regional governments. The study further identifies the necessity of regulatory harmonization, transparent funding mechanisms, and proportionate oversight to reconcile binding constitutional obligations with administrative and fiscal considerations. It concludes that the decision represents a transition from institution-centered educational financing toward a rights-based governance framework that prioritizes students' constitutional entitlements. Effective implementation requires coordinated governmental responsibilities and sustainable financing policies to ensure equitable access to free compulsory basic education across Indonesia.