2024 Theses Master's

A Human Rights Critique of Indonesia’s Minimum Core Obligation Towards Free and Compulsory Primary Education

Fairuza, Fathia

Indonesia's commitment to fully uphold the human rights principle on the right to education has raised significant concerns. By ratifying the International Covenant on Economic, Social, and Cultural Rights, it is within the State’s minimum core obligation to realize free and compulsory education for all fully. Indonesia faces the challenge of approximately 1.9 million primary-aged children being out of school, alongside the downward trend of decreasing primary school enrollment despite increased education funding. This issue is further compounded by significant resource allocation in higher education initiatives, such as the Indonesian International Student Mobility Awards (IISMA).

This study employs a qualitative, legal-based analysis focused on the ICESCR to assess Indonesia’s alignment in providing free primary education for all. Findings show that Indonesia has not guaranteed 100% enrollment in primary education indicating a prima facie violation of the right to education. Moreover, prioritizing higher education over primary education suggests a regression in Indonesia's educational commitments. This study highlights the critical need for policymakers to realign national educational priorities with international human rights obligations, emphasizing the importance of primary education as a foundation for fulfilling the State's core obligations under international law.

Keywords: minimum core obligation, right to education, free compulsory primary education, Indonesia, human rights violations, International Covenant on Economic, Social, and Cultural Rights