Court's ruling carries no sanctions: Experts<\/p>\n
Hera Diani, The Jakarta Post, Jakarta<\/p>\n
Is there is any way at all to push for a bigger education budget
\nas ordered by the Constitutional Court in accordance with the
\namended 1945 Constitution?<\/p>\n
The answer is apparently no.<\/p>\n
Legislators and economists have said that a 20 percent
\nallocation for the education sector -- as required by the
\nConstitution and recently upheld by the Constitutional Court --
\nwould not be feasible, as it would bear fiscal risks that could
\nhurt the economy.<\/p>\n
Even educational observers, while welcoming the court's
\nruling, were pessimistic that the proposed budget allocation
\nwould materialize in this time of economic hardship.<\/p>\n
Although a ruling issued by the Constitutional Court is
\nlegally binding, constitutional law experts said on Sunday that
\nit provides no legal sanctions for violators.<\/p>\n
\"The minimum allocation of 20 percent from the state budget is
\nalready stipulated in the Constitution. But it (the violation of
\nit) bears no sanction, even though the Constitution must normally
\nbe upheld. And improving education is essential to produce
\nquality human resources,\" constitutional law expert Harun
\nAlrasyid told The Jakarta Post.<\/p>\n
The only sanction perhaps is a social one through public
\nopinion, added the University of Indonesia's law professor.<\/p>\n
The Constitutional Court ruled last week in its judicial
\nreview of the National Education Law that the allocation for
\nnational education from the state budget and regional budgets
\nmust be at least 20 percent.<\/p>\n
The allocation is in accordance with the amended 1945
\nConstitution, and must take effect in 2006 instead of a gradual
\nincrease as initially planned by the government.<\/p>\n
The court noted that education was lagging behind other
\nsectors in the region in terms of quality, and thus its
\nimprovement should be made a priority.<\/p>\n
This year, the government allocated Rp 24.6 trillion (US$2.4
\nbillion), or 9.29 percent of the total budget, for the education
\nsector through both the national education and religious affairs
\nministries.<\/p>\n
For the 2006 state budget, the government has proposed a total
\nof Rp 31.3 trillion for the education sector, or 12.01 percent of
\nthe planned expenditure.<\/p>\n
Because the 20 percent allocation is mandated in the
\nConstitution, the government -- in this case the President -- has
\nviolated the Constitution for not providing such an amount in the
\nbudget for education.<\/p>\n
However, it is highly unlikely that such a violation could
\nlead to the impeachment of the President.<\/p>\n
Sri Sumantri, a constitutional law expert from the Bandung-
\nbased University of Padjadjaran, said that under the
\nConstitution, impeachment can only be carried out should the
\nPresident commit a \"disgraceful act\".<\/p>\n
\"Then, it should be defined first whether the failure to allot
\n20 percent of the state budget for education can be classified as
\ndisgraceful,\" he said.<\/p>\n
The Constitution states that the President can be impeached at
\nthe request from the House of Representatives through debate and
\neventually voting, and that the People's Consultative Assembly
\nmust approve the impeachment.<\/p>\n
\"Even then, there would a lot of political aspects involved in
\nthe process which makes it highly unlikely that the impeachment
\nwould be carried out just based on that (the budget allocation),\"
\nSri said.<\/p>",
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