The Easta Journal Law and Human Rights
Vol. 4 No. 01 (2025): The Easta Journal Law and Human Rights (ESLHR)

Constitutional Review on the State’s Obligation to Provide Equal Access to Education in Indonesia

Firmanto, Fakhry (Unknown)
Sutrisno, Hafiz (Unknown)
Lubis, Arief Fahmi (Unknown)



Article Info

Publish Date
31 Oct 2025

Abstract

This study examines the constitutional obligation of the Indonesian state to guarantee equal access to education through a juridical normative analysis. Education in Indonesia is not only a social necessity but also a fundamental right enshrined in Article 31 of the 1945 Constitution, which mandates the government to organize and ensure an equitable national education system. The research uses a normative juridical approach by analyzing constitutional provisions, statutory regulations, and Constitutional Court decisions related to education and equality. The findings reveal that the Constitution provides a strong legal foundation for the right to education and equality before the law, supported by instruments such as Law No. 20 of 2003 on the National Education System and the constitutional requirement of allocating 20% of the national budget to education. However, challenges persist in implementation, including regional disparities, unequal resource distribution, and weak legal enforcement mechanisms. The study concludes that the realization of educational equality requires stronger legal accountability, equitable fiscal policy, and institutional consistency between constitutional norms and their practical execution. Strengthening constitutional integrity through judicial oversight and human rights–based education policies is essential to achieving the constitutional goal of “educating the life of the nation”.

Copyrights © 2025






Journal Info

Abbrev

eslhr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Associated with the Eastasouth Institute, the ESLHR - The Easta Journal Law and Human Rights is a three-times-a-year publication and aims to publish scientific papers on issues involving Law and Human Rights, from an interdisciplinary perspective, encouraging the dialogue with other areas of Law and ...