Majelis Masyayikh Claims 'Assisting' Phrase in Pesantren Law is Inappropriate

The Majelis Masyayikh has asserted that the state is obligated to fund pesantren (Islamic boarding school) education, as these institutions are an inseparable part of the national education system. This statement was made by the Majelis Masyayikh during a judicial review of Law Number 18 of 2019 concerning Pesantren (Case Number 75/PUU-XXIV/2026) at the Constitutional Court on Wednesday (3/6/2026).

The Chairman of the Majelis Masyayikh, Abdul Ghofarrozin, stated that the primary issue with Article 48 of the Pesantren Law is not merely the phrase ‘in accordance with the state’s financial capacity’, but rather the use of the phrase ‘assisting the funding of pesantren operations’. He argued that this wording does not align with the mandate of Article 31 of the 1945 Constitution.

Known affectionately as Gus Rozin, he noted that once the state recognises pesantren as part of the national education system, the state cannot be positioned merely as a provider of assistance. He believes the state is the party that bears the constitutional responsibility for its financing.

Gus Rozin explained that based on the history of the Pesantren Law’s formation, the initial construction being fought for was that the state is obligated to fund pesantren. However, fiscal scheme limitations during the law’s deliberation led to the use of the phrase ‘assisting funding’ as a technical budgetary compromise.

‘The state remains obligated to fund pesantren education as mandated by Article 31 of the 1945 Constitution. Therefore, the phrase ’assisting the funding of pesantren operations’ has drifted from the spirit of the constitution,’ said Gus Rozin. The Majelis Masyayikh maintains that the use of this phrase has created legal uncertainty in practice.