W-News | Finally RSBI disband ! | The Constitutional Court (MK) eliminating stubs International School (RSBI) who are in government schools. The Court decided RSBI contrary to the 1945 Constitution and form of liberalization of education.
"Passing, grant applicants for all," said the Chairman of the Constitutional Court Mahfud MD in a session open to the public at the Court Building, Jalan Medan Merdeka Barat, Jakarta, Tuesday (01/08/2013).
In the judgment, the Court found international school in public schools was contrary to the 1945 Constitution. The Court also considered RSBI cause dualism education.
"This is a new form of liberalization and potentially eliminate the national identity and the discrimination of the costs," said Court.
The decision of the Constitutional Court (MK) is canceling Article 50 paragraph 3 of Law No. 20 Year 2003 on National Education System, which became the basis of the establishment of Pilot International Standard School (RSBI) and International Standard School (SBI). That is where RSBI and SBI abolished in education in Indonesia.
"Reasoned request by law. Grant the petition of the applicant in full, that contrary to Article 50 paragraph 3 of the 1945 Constitution, "said the Chief Justice, Mahfud MD when reading the decision of the trial court's judicial review in the Court building, Jakarta, Tuesday (8/1).
The judge said that the court is not menafikkaan importance of English, but the term is potentially erode international and Indonesian cultures. The Court also considered that the resulting output RSBI education and SBI are good students, but not necessarily berabel interbasional standards.
"In addition to issues related to the construction of national identity, RSBI opportunities RSBI difference in treatment between the school / school non SBI with SBI," the decision of the Court.
Court said that the government must give special treatment to those who have special skills, but giving different the ministry can not be done in the form of school RSBI / SBI and non RSBI / SBI, because it shows there are different treatment from the government.
"Good facilities, funding, facilities, RSBI / SBI may more facilities. The implications of such distinctions result in RSBI / SBI are enjoying the facilities. While schools are non RSBI / SBI amenities are very limited, "the judge read the verdict at the Court.
Another fact, that students in schools RSBI have to pay a lot more. Only people who can afford school in RSBI. Although there are scholarships poor, but it is very small and only for very bright children, while children can not afford economically, less intelligent, it is not possible RSBI school.
As is known, the parents and education activists examine Article 50 paragraph (3) Education Law because they can not access education units RSBI / SBI is because expensive. They are Andi Akbar Fitriyadi, Nadia Masykuria, Milang Tauhida (the parents), Juwono, Lodewijk F Paat, Bambang Wisudo, Febri Antoni Arif (education activist).
"I am happy with this decision because the Court sided with the people, respect the legal decision. Do not get no RSBI, but there is one type, "said the parents, whose children Widi in high school 68.
RSBI back into regular school
"Being a regular school. No international labels, " said Akil Mochtar Constitutional Court after the trial in the Constitutional Court (MK), Jl Medan Merdeka Barat, Jakarta, Tuesday (8/1).
Akil said the existence of Article 50 paragraph (3) of the Act (Act) No. 20 of 2003 on National Education System (Education) aims to make the government of the pilot schools will become an international school. However, the existence of the norm in the article does not have an explanation in the previous chapters.
"Education Law does not provide an explanation, the article suddenly appear out of nowhere that was canceled," said Akil.
Akil confirmed, cancellation of this article then impact on the status RSBI / SBI currently has no legal force. "The consequences are to be dissolved," he said.
Enjoyed RSBI Only Few People
The presence of International Standard School Stubs (RSBI) and SBI in Indonesia is not only bertentangaan to the 1945, but also forms of discriminatory policies and pengkastaan education. Because schools were legalized by the Education Law was only enjoyed a handful of the people of Indonesia.
According to the researchers Indonesia Corruption Watch (ICW), Siti Juliantari, this discriminatory policy carried out by the Ministry of Education and Culture poured significant amounts of funds to schools, the real from the beginning was "excellent school" (RSBI and SBI), rather than allocate funds specifically to schools retarded.
In other words, the higher the quality standards of a school, the greater the chances that school get special privileges from government funding, as well as from the public (through fees). In contrast to non RSBI school / SBI will actually farther behind, because it does not receive significant financial support from the government and there is a ban on fees.
"Do not the retarded schools who need to get a special fund in greater numbers in order to catch up? This means that the quality of education, whether consciously or not, can only be enjoyed by a small group of citizens, and concentrated in big cities, " said Siti Juliantari, Sunday (6/1) night.
He said education established constitution and national consensus as a distribution point, an increase in the nation's mind, that egalitarian principles apply in practice. Meanwhile, through a variety of privileges, RSBI / SBI intentionally causing pengkastaan in the community that it would be removed by the revolution of national independence.
On the other hand, RSBI / SBI is based on the philosophy of existentialism and essentialism, the belief that education should nurture and develop the existing learners optimally. While essentialism philosophy of education that emphasizes the function and relevant to the needs of both individuals, families, communities, local, national, and international.
In fact, Indonesia's national philosophy of education system is Pancasila, and national education aimed at developing skills and form the character and civilization of a dignified nation in the context of the intellectual life of the nation.
"This is why we hope that the Constitutional Court can objectively look at the issue RSBI / SBI, which is an important issue for the public in accessing education, because education is a prerequisite for the implementation of human rights," he said.
Therefore, the undeniable reason, the Constitutional Court may annul Article 50 paragraph (3) of the National Education System, because obviously contrary to the Preamble, Article 28C Paragraph (1), Article 28E Paragraph (1), Article 28 paragraph ( 2), Article 31 paragraph (1), Article 31 paragraph (2), Article 31 paragraph (3) and Article 36 of the 1945 Constitution.