Public facilities that must be provided by the state for its citizensincluding in education are stated in the â45 Constitution and Law No. 20/2003on National Education System along with its Goverment Rules. Consequently, the government should pay extra attention to the implementation of the nationaleducation undiscriminatorily. Discrimination in education by citizens isresponded negatively , as in - judicial review of Article 50 paragraph (3) of theAct No.20/2003 government and / or local governments hold at least one unitof education at all levels of education to be developed into an internationaleducational unit . However, there is a discrimination in its implementationbecause the poor can not afford to follow the level of compulsory educationin RSBI due to high costs. The high cost of education is because of its extrafacilities and services. According to the Constitutional Court (MK), RSBIstatus is considered unconstitutional due to discrimination against the poorbecause it does not reach the cost of education , so that its execution is stoppedsince stated in January 8, 2013 and the learning process in the next RSBI asregular schools , especially in terms of financing the hope of rich and poorcitizens can be served.The Victory of people who initiated by MK decision that RSBI shouldbe operationally stopped indicates that the mandate of the Act can still beunderstood by the legal guardian. It is pointed out that the product oflegislation in any case if it contrasts with other applicable law, could be takenlegal action by citizens to manifest prosperity.
Key-words: service, non-discriminative public right
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