Equality Of The Right To Education To The Application Of The Zoning System

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Clusterization that arises because of the zoning, affirmation, and transfer of parents/guardians has harmful implications on the right to education, especially in choosing educational facilities freely. The percentage of zoning hampers it through the Regulation of the Minister of Education and Culture No. 1 of 2021. The problem of rights to education arises because it has priority on the ‘distance’ aspect over the ‘cognitive’ aspect. Even, there is less educational opportunity for those coming from low economic class families through the zoning system. The research method used is normative juridical with a statutory approach. This research aims to examine the problem of rights to education since the implementation of the zoning system. The results showed that the application of this policy implicates the unfulfillment of the right to education as stipulated by Article 28C paragraph (1) and Article 31 paragraph (2) of the Constitution of 1945. The process of new students admission should consider ‘score’, then the affirmation method, and the method of transfer of guardians to create proportional and equitable education rights..

Keywords: zoning; rights; education.