Fritz Edward Siregar
Pancasila University

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Sekolah Rakyat and the Fulfillment of the Right to Education from a Constitutional Law Perspective Fritz Edward Siregar
Jurnal Ius Constituendum Vol. 11 No. 1 (2026): FEBRUARY
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v11i1.13243

Abstract

This study examines the constitutional validity of the Sekolah Rakyat program as a state mechanism for fulfilling the right to education under Articles 31 and 34 of the 1945 Constitution of Indonesia. Despite the formal guarantee of tuition-free education, structural barriers—including subsistence costs, transportation expenses, and opportunity loss—continue to prevent economically marginalized groups from accessing education. This research employs a qualitative descriptive-analytical method using a constitutional law approach, supported by statutory, doctrinal, and jurisprudential analysis, including Constitutional Court Decision Number 3/PUU-XXII/2024. The findings reveal that Sekolah Rakyat, through its fully funded boarding school model, transforms abstract constitutional guarantees into substantive educational access by eliminating structural resource barriers that conventional free education policies fail to address. This study advances constitutional law scholarship by conceptualizing state-funded boarding education as an enforceable constitutional obligation rather than a discretionary social policy. However, the research also identifies critical risks related to institutional fragmentation, governance incoherence, and fiscal sustainability, which may undermine its constitutional function. Therefore, the study argues that comprehensive legal institutionalization, integrated governance, and sustainable public financing are essential to ensure the program’s permanence and effectiveness. This research provides theoretical and policy contributions by strengthening the legal framework for socio-economic rights protection and offering a model for embedding transformative education policies within binding constitutional obligations to achieve substantive equality and sustainable human capital development.