Despite Complicated Portraits and Policy Orientation: Struggle to Articulate Right to Education Based on the Indonesia Constitutional Court Decisions

Abstract

Education as a major part of life is a basic right for the development of human identity and dignity. This sector developed numerous problems in Indonesia due to the impact of the post-reform era. Therefore, this study aimed to provide citizens with the right to education based on the Constitutional Court Decisions in harmony with the constitution, human rights values, international consensus, and the development of global world civilization. This paper uses a normative legal research methodology, with a focus on legal systems based on micro-legal research. The paper uses legal and legal research approaches to analyse, examine and articulate the right of Indonesians to education. The right to education is examined through a review of several Constitutional Court decisions. This study aims at the dynamics of regulating education policy based on the discourse on the right in Indonesia. It also interprets the Constitutional Court Decisions which affirm human rights values, constitutional principles, upholds citizens’ constitutional rights, and the orientation of the national education policy as a driving force of development in Indonesia. Indonesia’s policy on the implementation of the right to education is based on philosophical, sociological and legal principles, which comprise four essential elements. Several decisions of the Constitutional Court confirm this approach, which ensures the enforcement and protection of the Constitution, particularly with regard to the promotion of the human right to education in Indonesia.