In Indonesia, the implementation of compulsory education program has been launched and organized since the early days of independence. However, in practice the basic education funding to 2003 remains to be borne directly by the people. New through the National Education Law No.. 30/2003 on the Indonesian constitution confirms that primary education was held without charge. In cultural and institutional mandate of free education has been in effect since the nation was designed before independence. Educational injustice in colonial times have evoked the fighters to provide education for all people through schools, colleges Muhammadiyah, Garden Student and so on. When Indonesia became independent, in 1945 the opening of one of the basic formation of the State of Indonesia as well as to the intellectual life of the nation and promote the general welfare.
In the constitution since the 1960's education budget has been declared 25 percent. For example, the provision MPR / MPRS No.. II/MPRS/1960 on Pattern Lines First National Development Planning Stages 1961-1969 and Ni MPRS decree. XXVII/1966 on Religion, Education and Culture Article 9 paragraph 1, Appendix C1 declared national education budget 25 percent of the state budget. While the Tap MPRS/XXVII/MPRS/1966 on Religion, Education and Culture, stated that Article 6 of the state budget for education by 25 percent in conduct. Fourth Amendment to the 1945 Constitution, Article 31, paragraph 4 also confirms prioritize state education budget at least 20 percent of the state budget and the budgets to meet the national education budget.
This assertion is reinforced in Law no. 20/2003 on National Education System; Fund other than salaries of educators and education service education costs allocated at least 20 per cent of the national and regional budgets. Indeed, the Government repeatedly wants the education budget is less than 20 percent, but the judicial review filed by PGRI, ISPI, and several other individuals and groups about the Law. 20/2003 is mainly related to the allocation of the cost of education 20 percent, the Constitutional Court ruled that the government had ignored or violated the Constitution because it did not carry out the mandate of the Act.
The Court's decisions are directly or indirectly giving the amplifier a judgment, that education should be carried out free of charge to all the people of Indonesia. Article 31 Amendment of the 1945 Constitution states: Every citizen has the right to education. Every citizen is obliged to attend compulsory elementary education and government finance. Derivatives of this article in the Law no. 20/2003 on National Education System (Education Law) Education Law Article 5 states: Every citizen has the same right to obtain quality education. The ruling of this Court reinforced that education is one of the rights that are automatically attached to each person, as defined by Article 26 of the Declaration of Human Rights: Everyone has the right to education. Education shall be free, at least at a basic level and low-level. Primary education shall be compulsory.