Search Repository Universitas Islam Jakarta

Education as a public domain is the responsibility of the state to fulfill, promote, protect and enforce the rights of every citizen to obtain quality education and without discrimination. In the last two-three decades, education has fallen from within. Many reported that Indonesia's education ranking is at the lowest in the world. Reality is interesting to study. The purpose of the study is to analyze the rights of the community as citizens with the enactment of provisions for educational services which are trade commodities. The research method used is qualitative descriptive through a comparative and reflective approach, which is also carried out in capturing the reality by relating it to the government's commitment. The community feels aggrieved, then submits a judicial review to the Constitutional Court. With the enactment of provisions regarding educational services which are a trading commodity. Review of Article 4 Paragraph (2) letter d of the Trade Law of the Republic of Indonesia Number 7 of 2014 concerning trade against the 1945 Constitution of the Republic of Indonesia. Therefore, development in the education sector must be in line with the spirit of paragraph 4 of the 1945 Constitution which is the goal of independent Indonesia. Articles in the 1945 Constitution of the Republic of Indonesia strengthen the argument that education is truly a public domain that requires the presence of the state to protect, promote, enforce, and fulfill the rights of every citizen to obtain equal, quality, and affordable education services for all levels of society. This is because development and education must pay attention to / prioritize the dimensions of human rights