Majelis Masyayikh to Constitutional Court: State Obliged to Fund Pesantrens, Not Merely 'Assist'

The Chairman of the Majelis Masyayikh, KH Abdul Ghofarrozin, has asserted that the state holds a constitutional obligation to fund pesantren education, rather than merely providing assistance as stipulated in Article 48 of Law Number 18 of 2019 concerning Pesantren. This position was presented by the Majelis Masyayikh acting as a related party during the judicial review of the Pesantren Law in Case Number 75/PUU-XXIV/2026 at the Constitutional Court on Wednesday (3/6/2026).

Known affectionately as Gus Rozin, the figure argued that the primary issue in Article 48 of the Pesantren Law lies not only in the phrase “subject to the state’s financial capacity,” but also in the use of the phrase “assisting the funding of pesantren operations,” which is deemed contrary to the spirit of the constitution. According to him, the use of the word “assisting” has shifted the state’s position from a responsible party to a mere provider of aid.

“Pesantrens perform educational functions as part of the national education system. Therefore, the state cannot be positioned merely as a party that assists, but rather holds a constitutional responsibility to fund them,” Gus Rozin stated before the Constitutional Court judges.

He explained that since the state recognised pesantren as part of the national education system through the Pesantren Law, all constitutional consequences within the field of education must also apply to pesantren. The Majelis Masyayikh based its argument on Article 31 of the 1945 Constitution, which mandates the state to organise and develop a national education system to enhance faith, piety, noble character, and the mastery of science and technology.

In Gus Rozin’s view, pesantren are among the educational institutions most closely aligned with these national educational goals, as they have focused on character building, faith, morality, and scientific development since their inception. Consequently, there is no constitutional justification for placing pesantren outside the scope of state funding responsibilities. While the Majelis Masyayikh acknowledged that, historically, pesantren emerged and developed from within the community, they emphasised that recognising community participation in funding should not be interpreted as an abdication of state responsibility.