Foudation of Education

  Laws and Regulations Used as A Basis for Building The Foundation of and Developing The Education in Indonesia

According to Syaripudin (2006: 6), the legal basis of education put the assumptions which are derived from the applied legislation used as a point of foundation in education, especially in the national education. The legal basis of education can also be interpreted as a default rule as a beachhead and starting point in carrying out educational activities. Thus, the legal basis of education is the basis of legislation that becomes foundation in the implementation of education in a country. In this case, the rules are held in the implementation of education in Indonesia.

Each state has its own laws and regulations in the state administration. the legal basis of education in Indonesia has also a set of laws that becomes the starting point in the Indonesian education system which includes the Constitution 1945 the legal basis for Legal Education of Indonesia, MPR Decree, Laws and Regulations, Presidential Decree, the Ministers, and the Minister as the legal basis of Directive Implementation of National Education.

Laws and Regulations of Education:

1) Opening of Constitution 1945

At the opening of constitution 1945, the basis of education law in Indonesia is the fourth paragraph.

“Pursuant to which, in order to form a Government of the State of Indonesia that shall protect the whole people of Indonesia and the entire homeland of Indonesia, and in order to advance general prosperity, to develop the nation’s intellectual life, and to contribute to the implementation of a world order based on freedom, lasting peace and social justice, Indonesia’s National Independence shall be laid down in a Constitution of the State of Indonesia, which is to be established as the State of the Republic of Indonesia with sovereignty of the people and based on the belief in the One and Only God, on just and civilized humanity, on the unity of Indonesia and on democratic rule that is guided by the strength of wisdom resulting from deliberation / representation, so as to realize social justice for all the people of Indonesia.”

2) Constitution 1945 31:1-5

Constitution 1945 is the supreme law in Indonesia. The related article to the education is article 31.

Every citizen has the right to receive education.

(1)   Every citizen has the obligation to undertake basic education, and the government has the obligation to fund this.

(2)   The government shall manage and organize one system of national education, which shall increase the level of spiritual belief, devoutness and moral character in the context of developing the life of the nation and shall be regulated by law.

(3)   The state shall priorities the budget for education to a minimum of 20% of the State Budget and of the Regional Budgets to fulfill the needs of implementation of national education.

(4)   The government shall advance science and technology with the highest respect for religious values and national unity for the advancement of civilization and prosperity of humankind.

3)      Law  No. 2 of 1989 on National Education

This law includes 59 articles which regulate the general provisions, the position of the function and purpose, the rights of citizens to education, the unit lines and types of education, level of education, students, workers educational, educational resources, curriculum, the learning and school holidays, language of instruction, assessment, public participation, agency consideration of national education, management, supervision, miscellaneous provisions, the provisions of the criminal, and the transitional provisions of the act.

Article 1, paragraph 2 and paragraph 7. Paragraph 2 reads as follows: national education is education that is rooted in the national culture which is based on Pancasila and the Constitution 1945. This act requires education based on the national culture, Pancasila, and the Constitution 1945, hereinafter, referred to as the culture of Indonesia alone. This means that the theories and practices of education applied in Indonesian culture. “Furthermore, article 1 paragraph 7 says that teachers are public members who are devoted to education including educators, managers or heads of educational institutions, supervisors, researchers, and educational developers, librarians, reports, and technical learning resources.”

4)      Law No. 20 of 2003 on National Education System

Law no. 20 2003 is the improvement of the Act No. 2 of 1989 on the National Education System. This law contains the vision and mission of education reform nationwide, consisting of 77 Articles which set general provisions, bases, functions and objectives of national education, the principle of providing education, rights and obligations of citizens, the parents and the community, students, track level and type of education, language of instruction, national education standards, curriculum, teachers and education personnel, educational facilities, funding for education, education management, community participation in education, evaluation, accreditation and certification, the establishment education units, the provision of education by other state agencies, monitoring, criminal provisions, and, transitional provisions and provisions cover.

5)   Government Regulation No 19 of 2005 on National Education Standards

Government Regulation No. 19 of 2005 on National Education Standards as a follow-up to the 2003 Education Law. In the Government Regulation No. 22 of 2003 on National Education System that national education function is to develop the ability and character development as well as a dignified civilization in order to educate the nation. That is why the government follow through with making the Indonesian Government Regulation number 19 of 2005 on National Education Standards are intended to ensure the quality of education and educational supervision in order to realize the quality of national education

This law includes Article 97 which regulates the General Provisions, Scope, Functions and Objectives, Content Standards, Standard Process, Graduate Competency Standards, Education and Labor Standards Education, Infrastructure Standards, Standards Management, Financing Standards, Standards Assessment of Education, National Education Standards Agency, Evaluation, Accreditation, Certification, Quality Assurance, Transitional provisions, Final Provisions.

According to this regulation referred to as: “National education standards are the minimum criteria of the education system in the entire territory of the Republic of Indonesia”.

6)     Government Regulation No 32 of 2013 National Education Standards

Government Regulation No. 32 Year 2013 on National Education Standard is the change of Government Regulation No. 19 of 2005. The changes of the regulation are emphasized on the articles which are related to the curriculum such as graduate competence standards, content standards, process standards, and assessment standards. Chapter XIA consists of articles regulating the curriculum. In addition, the erasing of some articles in Government Regulation No 19 of 2005 is changed in some articles of Government Regulation No 32 of 2013 in Chapter XIA. In other hands, some articles regulate educator and education staffs, facilitates and infrastructures standards, management standards, and financial standards are not significantly changed. Therefore, I assume that the Government Regulation No 32 of 2013 is arranged as the respond of 2013 curriculum implementation in which continues the National Examination in Junior High School and Senior High School but not in the elementary school. It is described in the Government Regulation No 32 of 2013 Articles 69 paragraphs 1, 2, and 2a.

The role of law and regulation of education in Indonesia is to provide guidelines on how the implementation of education and education management system implemented in line with the legislation in force. So that all forms of policies and actions to be taken with regard to the implementation of education should be based on the legal foundation of education.