AVAILIBILITY IN FULFILLING THE RIGHT TO BASIC EDUCATION FOR SCHOOL CHILDREN IN BALI

AVAILIBILITY IN FULFILLING THE RIGHT TO BASIC EDUCATION FOR SCHOOL CHILDREN IN BALI

                                                                                                                                                                            By:

I NENGAH SUANTRA

Preliminary   

Article 28 and Article 31 of the Constitution of the Republic of Indonesia in 1945 (UUD NRI 1945), Law No. 20 Year 2003, No. 39 Year 1999, and Law No. 11 Year 2005 define education as a human right, every citizen is obliged to follow basic education and it must be financing by the government.

However, the regional government has not optimally fulfilled the right of basic education (BE). In year 2017/2018 there are 177 children of Elementary School (ES) and 270 children of Junior High School (JHS) in Bali are dropping out of school. While at the Senior High School (SHS) there were 624 out of 166,013 children who dropped out of school. In that case, how to fulfill the right of basic education for school children in Bali.

 The Nature of the Right to Education

The existence of Human Right is natural, means that it only exists and attached to human. If not, human will lose their human dignity (Basuki, 2012). A. McChesney emphasized the fundamental principles of Human Right such as treating people with respect and dignity (Muliadi and A.N.I. Achmad, 2018).

Fons Coomans states 4 elements in The Right to Education, which has been accommodated in the UUD NRI 1945, such as (Satyawati, 2011):

1.      Protection of the right of everyone to have an access to the existing public school [Article 31 (1), (2), and (4)].

2.      The availability of basic education which is compulsory and free of charge [Article 31 (2)].

3.      Respect for the freedom to have education in accordance with religion and beliefs [Article 31 (1) dan (5)].

4.      Prohibition of violation of the right to obtain education in an own language of choice [Article 32 (2), and reaffirmed in Article 33 (2) Law No. 20 Year 2003].

In addition, there are special provision that recognize the right to education as Human Right such as Article 28C and 28E UUD NRI 1945, Article 12, 16, 42, 48, 54, and 60 Law No. 39 Year 1999.

 Fulfilment of the Right to Education

Catarina Tomasevsky stated 4 indicator must be fulfilled for the right of education, such as: education must be available, accessible, acceptable, dan adptable (Abdi dkk, 2009). These 4A formula has its own indicator. Related to the problem being examined, availability is seen from the indicators of the obligation to: guarantee compulsory education and free education for all school children, and respect for the freedom of the parents to choose education for their children in accordance with the interest of their children. However, it cannot be ignored as an indicator of guarantee of equal rights in the fulfillment of education, all the education system is in line with Human Right and empowers Human Right through education (UNESCO Asia Pacific Region Education Bureau, Bangkok).

Tomasevski (Abdi dkk, 2009) sees the fulfillment of right to education from local legal product to 3 (three) aspects, such as: the government allows the establishment of schools that value freedom and equality to get education; guaranteeing compulsory education and free of charge for the school children; and respect for diversity, especially the right of the person with disabilities.

The Central Government and the Regional Government have established legal product to actualize education. In the region there are regional regulation and regent regulation, except in Buleleng Regency. The Government issued 1392 permits to conduct early childhood education (ECE), 1550 ES and MI or of the same level and 260 for JHS or MTs (Disdik Prov. Bali, 2018). The compulsory education program is implemented based on the principle of autonomy and principle of decentralization, community participation and accountability in the administration of education (Zamroni, 2000). In addition, compulsory education is carried out on the basis of an appeal, so that it is more a moral responsibility and measured from the level of participation in schooling aged of 6 years and 15 years.

The availability of the education budget has reached at least 20% of the APBD, except in Gianyar under 20% (Parta, 2019). That means the Regional Government lacks of legal protection for the population to get basic education (Setiyono, 2018). Regional Government should provide sufficient funds for compulsory education in basic education (Neolaka, 2017). Children with special needs (CSN) are facilitated with 8 SLBs and 56 ES and JHS organizers of inclusive education. However, the majority of elementary and JHS do not have accessibility facilities for CSN. That indicates tolerance and respect for human rights as an important goal of education is not optimal.

 Conclusion

The availability of fulfillment of the right to education is carried out by: issuing regional regulations concerning education, and regulations of the regent as their implementation; issue licenses for implementing ECE and BE; facilitate CSN through special education and inclusive education; and providing compulsory education and smart Indonesia programs funded by allocating an education fund of 20% of the budget.