Reconstructing Non-Formal Education Regulation as an Instrument for Fulfilling the Public Right to Education

Abstract

Non-formal education is an integral part of the national education system and plays a strategic role in ensuring the fulfillment of the public's right to education, particularly for groups facing barriers to accessing formal education. However, the framework of non-formal education policy in Indonesia still faces issues regarding regulatory fragmentation, implementation disparities, limited access guarantees, and suboptimal recognition of non-formal learning outcomes. This study aims to analyze the legal and policy framework of non-formal education regarding the fulfillment of the right to education and to formulate a policy reconstruction model that is more responsive to community needs. The study employs a normative-juridical method utilizing statutory, policy, and conceptual approaches. The primary legal basis includes Article 28C paragraph (1) of the 1945 Constitution of the Republic of Indonesia, which guarantees the right to self-development through education; Article 31, which affirms the right of every citizen to receive an education; and Law Number 20 of 2003 concerning the National Education System. The findings indicate that while Indonesia's legal framework recognizes non-formal education as part of the national education system, it has not yet fully established integrated mechanisms to guarantee access, quality, sustainability, and the recognition of learning outcomes. Policy reconstruction should focus on strengthening the legal basis, harmonizing regulations, recognizing learning outcomes, reinforcing institutional capacity, and defining the division of authority and financing in a manner oriented toward fulfilling the right to education and upholding the principle of lifelong learning.