Constitutional Court Reminds State That 20 Per Cent Education Budget Must Not Be Reduced Regardless of State Budget Constraints
Jakarta – The Constitutional Court (MK) has issued a reminder that the state’s obligation to fulfil the constitutional mandate regarding the priority allocation of at least 20 per cent of the State Budget (APBN) for education must not be reduced, regardless of any budgetary constraints faced by the state.
“This clarification is essential because, whatever limitations the state may experience in determining the APBN, the operational budget for education for fundamental purposes, as considered above, should not be affected or reduced,” stated Constitutional Judge M. Guntur Ahmad, while reading the court’s considerations during the verdict delivery for judicial review number 40/PUU-XXIV/2026. The case concerned the allocation of the Free Nutritious Meal (MBG) programme within the 2026 APBN.
In its ruling, the Constitutional Court partially granted the petitioners’ request regarding Law Number 17 of 2025 concerning the 2026 State Budget, which included the MBG programme within the education budget allocation.
The Court further considered that maintaining a minimum of 20 per cent of the APBN for education is a necessity to ensure the state fulfils its constitutional mandate, including the government’s obligation to fund primary education as prioritised under Article 31, Paragraph (2) of the 1945 Constitution of the Republic of Indonesia.
The Court emphasised that the state must be firm and consistent in defining the core components directly related to the provision of education. The utilisation of prioritised educational operational budgets for other programmes outside of these components constitutes a violation of the constitutional mandate, specifically Article 31, Paragraph (4) of the 1945 Constitution.
Such budget diversions could hinder the state’s ability to carry out its obligations as commanded under Article 31, Paragraphs (1) and (2) of the 1945 Constitution. The Court reaffirmed that the essence of the constitutional principle regarding education must be met: first, the state must ensure that no citizen’s right to education is obstructed; and second, all citizens must be able to fulfil their rights and obligations to receive primary education, fully funded by the government.
The Court also noted that the success of these objectives depends on essential elements of educational provision, such as the availability of adequate and accessible educational institutions, competent and professional teaching staff, and a curriculum system that is equitable and provides legal certainty.