Digitized Education Delivery in Indonesia: Constitutional Right or Vacuous Sophistry?

Education is a recognized Constitutional Right in Indonesia. In recent times, digitization of education has emerged as a transformative force, revolutionizing the way knowledge is disseminated and acquired. However, implementing universal digitization of education in Indonesia requires a multifaceted approach, centred on a legal rights regime, founded on Constitutional equality of access and mediated through technological intervention. This legal article, based on secondary sources, elaborates on the prerequisites of Constitutional Rights and Constitutionalism from a legal rights-based perspective for successful digitization, highlighting the importance of infrastructure, inclusivity, and pedagogic considerations in the digitization of Education. Acknowledging the imperative of digitization of education in Indonesia, it identifies the legal gaps in the regulation of technology-mediated education, addresses issues of legality and equity in implementing online education, and suggests legal measures for ensuring standards and acceptance of online education in Indonesia. The article posits that digital online education needs to be legally regulated to ensure standards of education and equity of access in consonance with Indonesian Constitutional principles and legal recognition of Education as an inalienable Constitutional Right.

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Publication Details

Journal
Jambe Law Journal
Published
2025-06-29
DOI
https://doi.org/10.22437/home.v8i1.401
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Digitized Education Delivery in Indonesia: Constitutional Right or Vacuous Sophistry?

Arrie Budhiartie, Happy David Pradhan, Nuchraha Alhuda Hasnda, Iswandi Iswandi
Jambe Law Journal
Indonesian Legal and Regulatory Studies
article

Digitized Education Delivery in Indonesia: Constitutional Right or Vacuous Sophistry?

Arrie Budhiartie, Happy David Pradhan, Nuchraha Alhuda Hasnda, Iswandi Iswandi
article en

Abstract

Education is a recognized Constitutional Right in Indonesia. In recent times, digitization of education has emerged as a transformative force, revolutionizing the way knowledge is disseminated and acquired. However, implementing universal digitization of education in Indonesia requires a multifaceted approach, centred on a legal rights regime, founded on Constitutional equality of access and mediated through technological intervention. This legal article, based on secondary sources, elaborates on the prerequisites of Constitutional Rights and Constitutionalism from a legal rights-based perspective for successful digitization, highlighting the importance of infrastructure, inclusivity, and pedagogic considerations in the digitization of Education. Acknowledging the imperative of digitization of education in Indonesia, it identifies the legal gaps in the regulation of technology-mediated education, addresses issues of legality and equity in implementing online education, and suggests legal measures for ensuring standards and acceptance of online education in Indonesia. The article posits that digital online education needs to be legally regulated to ensure standards of education and equity of access in consonance with Indonesian Constitutional principles and legal recognition of Education as an inalienable Constitutional Right.

Jambe Law JournalVol. 8(1)
Universitas Jambi (ID), Manipur University (IN), Universitas Wijaya Putra (ID)
Openalex Percentile: Top 82%
Indonesian Legal and Regulatory Studies
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