Running Head: Juridical on Management and Administration of Education

THE JURIDICAL FOUNDATION ON THE MANAGEMENT AND ADMINISTRATION OF

EDUCATION

Asya F. Inayyah

English Education Department

University of Singaperbangsa Karawang

 CHAPTER I

INTRODUCTION

A. Background

National education practice is organized concerning certain established juridical

foundations, both in the form of laws and government regulations on education. Educators and

education personnel need to understand the various juridical foundations of the national

education system and make it a starting point for the implementation of the role it carries. Thus

it is expected to create an orderly implementation of the national education system which

became one of the prerequisites for achieving national education objectives.

This report will assist you in understanding the various juridical foundations of the national

education system, especially the juridical foundation of education in the SD / MI, both

contained in the Constitution of the Republic of Indonesia Year 1945, Law No. RI. 20 of 2003

on the National Education System, RI Law no. 14 of 2005 on Teachers and Lecturers, as well

as Government Regulation No. RI. 19 of 2005 on National Standards of Education.

This report material consists of three sub-subjects. The first sub-topic discusses the

juridical foundation of the implementation of the national education system. The second sub-

topic discusses the juridical basis of the implementation of the national education system on

the path, ladder, and educational unit. The third sub-topic discusses the national standard of

SD / MI and teacher education as professional educators.

 CHAPTER II

TOPIC / TEORITIC

A. UUD Negara R.I. The year 1945 (UUD 1945) Concerning the Implementation of National

Education System

WHEN:

The independence of the Indonesian nation was proclaimed on the date. August 17, 1945.

A day after that, on the year. August 18, 1945, The Preparatory Committee for Indonesian

Independence (PPKI) establishes the 1945 Constitution as the constitution of the State. If you

examine the fourth paragraph of the Preamble of the 1945 Constitution, there is explicit and

implied national aspiration in the field of education, which is to educate the life of the nation. In

connection with this, Article 31 Paragraph (3) of the 1945 Constitution mandates that "the

Government shall undertake and organize a national education system, to educate the life of the

nation, which is regulated by law."

1. Definition of Education, National Education, and National Education System

What:

The Government has enacted RI Law no. 4 the year 1950 About Basics of Education and

Teaching In School puncto RI Law no. 12 of 1954. Since 27 March 1989, the law was replaced

with RI Law no. 2 of 1989 on "National Education System." Since July 8, 2003, the Government

has renewed and replaced it with the Law of the Republic of Indonesia no. 20 of 2003 on "National

Education System." Let's examine what is meant by education, national education, and the national

education system according to the law.

Education: In Article 1 paragraph 1 of Law R.I. No. 20 Year 2003 states that: "Education

is a conscious and planned effort to create an atmosphere of learning and learning process so that
learners actively develop their potential to have spiritual power of religion, self-control,

personality, intelligence, noble character, as well as skills needed him, society, nation, and state ".

National Education and National Education System: National education is an education

based on Pancasila and the 1945 Constitution of the State of the Republic of Indonesia which is

rooted in the values of religion, a national culture of Indonesia and responsive to the demands of

changing times (Article 1 paragraph 2 of Law No. 20 of 2003). The national education system is

the integral components of education are interconnected in an integrated manner to achieve the

goals of national education (Article 1 paragraph 3 of Law RI No. 20 The year 2003).
 CHAPTER III

DISCUSSION

A. Basic, Vision, Mission, Function, Objectives, National Education Strategy, and Principles

of Educational Implementation

HOW:

Primary Education National Item in Article 2 of Law R.I. No. 20 of 2003 that: "National education

based on Pancasila and the 1945 Constitution of the Republic of Indonesia".

Vision and Mission of National Education: The concept of national education is the realization of

the educational system as a reliable and authoritative social institution to empower all Indonesian

citizens to develop into qualified human beings to be able and proactive to answer the challenges

of the ever-changing era. With the vision of education, national education has the following

missions:

1. seeks expansion and equitable access to quality education for all Indonesians;

2. assisting and facilitating the development of the nation's children as a whole from an early

age to the end of life to realize the learning community;

3. improve the readiness of input and the quality of the educational process to optimize the

formation of moral personality;

 4. enhance the professionalism and accountability of educational institutions as a cultural

center for knowledge, skills, experience, attitudes, and values based on national and global

standards; and

5. empower community participation in the implementation of education based on the

principle of autonomy in the context of the Unitary State of the Republic of Indonesia

(Explanation of Law No. 20 of 2003 on National Education System).

Function and Objectives of National Education: As outlined in article 3 of RI Law no. 20 The

year 2003, and based on the vision and mission mentioned above, "National education function to

develop the ability and form the character and civilization of a dignified nation to educate the

nation's life." The purpose of national education is to "the development of the potential of learners

to become human beings who believe and piety to God Almighty, have noble character, healthy,

knowledgeable, capable, creative, independent, and become citizens of democratic and

responsible" (Article 3 and Explanation of RI Law No. 20 of 2003).

National Education Development Strategy: Updating the education system requires a

specific strategy. The national education development strategy includes:

1. Implementation of religious education and noble character;

2. development and implementation of competency-based curriculum;

3. educational and dialogical learning processes;

4. empowering evaluation, accreditation, and certification of education;

5. improving the professionalism of educators and education personnel;

6. Provision of educational learning tools;

7. education financing by the principle of equity and justice;

 8. the organization of open and equitable education;

9. the implementation of compulsory education;

10. implementation of education management autonomy;

11. empowerment of community roles;

12. community centers and community development; and

13. implementation of supervision in the national education system (Explanation of Law No.

2 of 2003 on National Education System)

Principles of Implementation of Education: In the context of the national education system, it is

emphasized that the implementation of education be based on the following principles:

1. Education is conducted in a democratic and fair and non-discriminatory manner by upholding

human rights, religious values, cultural values, and national pluralism.

2. Education is organized as a systemic entity with an open and multi-meaning system.

3. Education is organized as a process of culture and empowerment of learners that lasts for life.

4. Education is organized by giving exemplary, build desire, and develop the creativity of learners

in the learning process.

5. Education is organized by developing a culture of reading, writing, and arithmetic for all

citizens.

6. Education is organized by empowering all components of society through participation in the

implementation and quality control of education services (Article 4 of RI Law No. 20 The year

2003).
3. Rights and Duties of Citizens, Parents, Communities, State, and Government

Who:

Rights and Responsibilities of Citizens. Article 31 Paragraph (1) of the 1945 Constitution assures that:

"Every citizen shall have the right to education." Furthermore, in Article 5 of RI Law no. 20 of 2003

is further described that:

a. Every citizen has the same right to obtain a quality education.

b. Citizens with physical, emotional, mental, intellectual, and social impairments shall be entitled

to select education.

c. Citizens in remote or underdeveloped areas and remote indigenous peoples are entitled to

special service education.

d. Citizens who have the potential of intelligence and special talents are entitled to special

education.

e. Every citizen shall be entitled to the opportunity to promote lifelong education.

Special Education and Special Service Education: About Article 5 paragraph (2) s.d. Paragraph

(4) of RI Law no. 20 of 2003, Article 32 of Law No. RI. 20 The year 2003 states:

1. Special education is an education for students who have difficulty in following the learning

process because of physical, emotional, mental, social, and have the potential of

extraordinary intelligence and talent.

2. Specialized education services constitute education for learners in remote or backward

areas, isolated indigenous peoples, and natural disasters, social calamities, and economic

disputes.
 3. Provisions concerning the implementation of special education and special service

education as referred to in paragraphs (1) and (2) shall be further regulated under a

government regulation.

In addition to the various rights mentioned above, "Every citizen is obliged to follow basic

education and the government shall finance it" (Article 31 paragraph (2) of the 1945 Constitution).

Furthermore, Article 6 of the Law of the Republic of Indonesia Year 2003 states:

1. every citizen aged seven to fifteen years must attend primary education.

2. Every citizen is responsible for the sustainability of education.

Rights and Obligations of Parents. Parents' rights and obligations contained in article 7 of RI Law

no. 20 of 2003, namely:

1. Parents participate in choosing educational units and obtain information about the

development of their children's education.

2. Parents of compulsory education shall have an obligation to provide primary education to

their children.

Rights and Obligations of the Community.

The rights and obligations of the community are set out in Article 8 and Article 9 of the

Law of the Republic of Indonesia Year 2003. Article 8 states: "The public has the right to

participate in the planning, implementation, monitoring, and evaluation of education programs."

The article 9 states that: "The community is obliged to provide resources support in the provision

of education."
State Obligations. Article 31 Paragraph (4) of the 1945 Constitution mandates that: "The State shall

prioritize the education budget of at least 20% of the state budget and revenue and expenditure budget

to meet the needs of national education implementation".

Rights and Obligations of Government and Local Government. "The government and regional

governments have the right to direct, guide, assist and supervise the implementation of education by

applicable laws and regulations" (Article 10 of RI Law No. 20 The year 2003).

In addition to having these rights, the government also has various obligations. If you review Article

31 Paragraph (2) of the 1945 Constitution, it is understandable that the government must finance

primary education for every citizen. The Article 31 Paragraph (5) of the 1945 Constitution mandates

that: "The Government advances science and technology by upholding the values of religion and

national unity for the advancement of civilization and the welfare of mankind." Furthermore,

according to Article 11 of RI Law no. 20 of 2003 that:

1. The Government and regional governments shall provide services and facilities, and ensure the

implementation of quality education for every citizen without discrimination.

2. The government and regional governments shall ensure the availability of funds for the

implementation of education for every citizen aged seven to fifteen years.

B. Compulsory Learning

Where:

Compulsory education is a minimal education program to be followed by Indonesian citizens on the

responsibilities of the Government and local governments. Article 34 of RI Law. 2003 states:

1. Every citizen who is six years old can attend a mandatory education program.

2. The government and regional governments guarantee the minimum compulsory education at

the primary education level without collecting fees.

 3. Compulsory education is the responsibility of the state organized by government education

institutions, local government, and the community.

4. The provisions concerning compulsory education as referred to in paragraph (1), paragraph

(2), and paragraph (3) shall be further regulated under a government regulation.

C. RI Law no. 20 The year 2003 on National Education System.

1. Level Path, Type, and Education Unit

Educational Path. In the national education system, there are three educational channels, contained

in Article 13 of RI Law no. 20 of 2003 that:

a) The educational path consists of formal, nonformal and informal education that can be

complementary and enriching.

b) Education, as referred to in paragraph (1), shall be conducted with an open system through face

to face and long distance.

Formal education: Formal education is a structured and tiered educational path that consists of primary

education, secondary education, and higher education (Article 1 paragraph 11 of Law No. 20 of 2003).

It is written in that article and reaffirmed in Article 14 that: "Formal education consists of basic

education, secondary education, and higher education."

Basic education: Article 17 of RI Law. 20 The year 2003 states:

1. Primary education is the level of education that underlies the level of secondary education.

2. Primary education in the form of elementary school (SD) and madrasah ibtidaiyah (MI) or

other similar forms and junior high schools (SMP) and madrasah tsanawiyah (MTs), or

other similar forms.

 3. Provisions on primary education as referred to in paragraphs (1) and (2) shall be further

regulated under a government regulation.

The explanation of Article 17 paragraph (2) states that "Education equivalent to SD / MI is a program

such as Package A and which is equivalent to SMP / MTs is a program such as Package B. (Note:

Packages A and B are held on non-formal education channels).

Middle education: According to Article 18 of the Law of the Republic of Indonesia Year 2003 that:

1. Secondary education is a continuation of primary education.

2. Secondary education consists of general secondary education and vocational secondary

education.

3. Secondary education in the form of high school (SMA), madrasah aliyah (MA), vocational high

school (SMK), and madrasah aliyah vocational (MAK), or other similar forms.

4. Provisions concerning secondary education as referred to in paragraphs (1), (2) and (3) shall be

further regulated under a government regulation. In the Explanation of article 18 paragraph (3)

above it is stated that: "Education equivalent to SMA / MA is a program such as Package C.

(Note: Package C is held on non-formal education channels).

Higher education: Article 19 of RI Law. 20 The year 2003 states:

1. Higher education is the level of education of secondary education which includes diploma,

bachelor, master, specialist and doctoral education programs organized by higher education.

2. Higher education is organized with an open system.

Furthermore according to Article 20 that:

5. (1) Universities may take the form of the academy, polytechnic, high school, institute, or university.

(3) Universities are obliged to provide education, research, and community service.

(4) Universities may organize academic, professional, and vocational programs.

In addition to article (19) and article (20), there are still five more articles governing higher education,

namely article (21) s.d. Article (25). Please read in RI Law no. 20 About the National Education

System.

Type of Education. This type of education is an education group based on the specificity of the

educational objectives of an educational unit (Article 1, paragraph 9). "The types of education include

general education, vocational education, academic education, professional education, vocational

education, religious education, and special education" (Article 15 of RI Law No.20 of 2003). The

explanation of Article 15 is as follows:

a) Public education is a primary and secondary education prioritizing the extension of knowledge

required by learners to continue their education to a higher level.

b) Vocational education is secondary education that prepares students primarily to work in a

particular field.

c) Academic education is a higher education of graduate and postgraduate programs directed

primarily at the mastery of particular scientific disciplines.

d) Professional education is higher education after the undergraduate program prepares learners

to have jobs with particular skill requirements.

e) Vocational education is a higher education that prepares learners to have jobs with a particular

applied skill maximally with a degree program. Religious education is a basic, medium, and

high education that prepares students to be able to run a role that requires mastery of knowledge

about religious teachings and becomes a religious scholar.

f) Special education is the provision of education for students with disabilities or learners who

have extraordinary intelligence that is held inclusively or in the form of individual educational

units at the level of primary and secondary education.

 g) Education Unit. Pathways, levels, and types of education can be realized in the form of

educational units organized by the Government, Regional Government, and the community

(Article 16 of Law No. 20 of 2003). The meaning of "educational unit is education service

group that conducts education on formal, nonformal and informal education in every level and

type of education" (Article 1 paragraph 10 of RI Law No. 20 The year 2003). Try to identify

various educational units at each level of formal education as has been described in advance.

Legal Entity Education. Article 53 of RI Law. 20 The year 2003 states:

1. The organizers and formal education units established by the Government or the community

shall be in the form of educational, legal entities.

2. The educational, legal entity as referred to in paragraph (1) serves to provide educational

services to the students.

3. The educational, legal entity as referred to in paragraph (1) has a nonprofit principle and can

manage funds independently to advance the educational unit.

4. A separate law shall regulate provisions on education legal entities.

Non-formal education: Non-formal education is a non-formal education path that can be implemented

in a structured and tiered manner (Article 1 paragraph 12 of Law No. 20 of 2003). Furthermore,

according to Article 26 that:

a) Non-formal education shall be held for citizens who need education services that serve as

substitutes, enhancers, and equal formal education to support lifelong education.

b) Nonformal education serves to develop the potential of learners with an emphasis on mastery of

knowledge and functional skills and the development of professional attitudes and personalities.
 c) Non-formal education includes life skills education, early childhood education, youth education,

women's empowerment education, literacy education, vocational education, and job training,

equality education, and other education aimed at developing learners' abilities.

d) Non-formal education units consist of courses, training institutes, study groups, community

learning centers, and majors, and similar educational units.

e) Classes and training are held for people who need knowledge,

f) skills, life skills, and attitudes to develop themselves, develop professions, work, independent

business, and continuing education to a higher level.

g) Nonformal educational outcomes can be rewarded on a par with the outcome of a formal

education program after going through a process of equalization by an institution appointed by

the government or local government concerning the national standard of education.

h) Provisions on the provision of non-formal education as referred to in paragraph (1), paragraph

(2), paragraph (3), paragraph (4), paragraph (5), and paragraph (6) shall be further stipulated by

government regulation.

Informal education: Informal education is the path to family and environmental education (Article 1

paragraph 13 of Law RI No. 20 The year 2003). Furthermore Article 27 states:

a) The family and environment undertake informal educational activities in the form of independent

learning activities.

b) The educational outcomes referred to in paragraph (1) shall be recognized as formal and non-

formal education after the learner pass the examination by the national standard of education.

c) Provisions on the recognition of informal educational outcomes as referred to in paragraph (2)

shall be further regulated under a government regulation.

 D. Early Childhood Education, Service Education, Religious Education, and Distance Education

Early childhood education programs. Early childhood education is a coaching effort aimed at

children from birth up to the age of six that is done through the provision of educational stimuli to

assist growth and physical and spiritual development so that children have readiness in entering

further education (Article 1 paragraph 14 of Law RI No .20 The year 2003). Article 28 of RI Law.

20 of 2003 further states:

a) Early childhood education is held at the level of primary education,

b) Early childhood education can be conducted through formal, non-formal, and informal education

channels.

c) Early childhood education in formal education path in the form of kindergarten (TK), raudatul

atrial (RA) or other similar forms.

d) Early childhood education on nonformal education channels in the form of playgroup (KB),

childcare park (TPA), or other similar forms.

e) Early childhood education in the easy education path is in the form of family education or

education organized by the environment.

f) Provisions on early childhood education as referred to in paragraph (1), paragraph (2), paragraph

(3), and paragraph (4), shall be further regulated under a Government Regulation.

Elucidation of Article 28 paragraph (1): Early childhood education is held for children from birth up to

six years and is not a prerequisite for primary education. Elucidation of Article 28 paragraph (3):

Kindergarten (TK) organizes education to develop personality and self-potential according to the stage

of development of learners. Raudhatul atrial (RA) conducts Islamic religious education that instills the

values of faith and piety to learners to develop their potential as in kindergarten.

Education Service. Article 29 of RI Law. 20 The year 2003 states:

 a) Official education is a professional education organized by a department or non-departmental

government agency.

b) Official education serves to improve the capability and skills in the performance of official duties

for employees and prospective civil servants of a department or non-departmental government

agency.

c) Official education is conducted through formal and non-formal education channels.

d) Provisions concerning service education as referred to in paragraph (1), paragraph (2), and

paragraph (3) shall be further regulated under a government regulation.

Religious Education: Article 30 of RI Law. 20 The year 2003 states:

a) Religious education is carried out by the government and community groups from religious

followers, by the laws and regulations.

b) Religious education serves to prepare students to become members of the community

c) who understand and practice the values of his religious teachings and become a religious scholar.

d) Religious education can be organized on formal, non-formal, and informal education channels.

e) Religious education in the form of education diniyah, pesantren, pasraman, pabhaja samanera, and

other similar forms.

Provisions on religious education as referred to in paragraph (1), paragraph (2), paragraph (3), and

paragraph (4) shall be further regulated under a government regulation.

Distance Education: Distance education is education whose learners are separated from educators, and

their learning uses a variety of learning resources through information communication technology, and

other media (Article 1 paragraph 15 of Law No. 20 of 2003). After Article 31 that:

a) Distance education is organized on the path, ladder, and type of education.

 b) Distance education serves to provide education services to community groups who can not attend

education face to face or regular.

c) Distance education is organized in various forms, modes, and scopes supported by learning

facilities and services and an assessment system that ensures the quality of graduates by national

education standards.

d) Provisions concerning the provision of distance education as referred to in paragraph (1),

paragraph (2), and paragraph (3) shall be further regulated under a government regulation.

E. Curriculum, Language Introduction, Educate Participants, Educators and Education Personnel

Curriculum: The curriculum is a set of plans and arrangements concerning objectives, content, and

instructional materials and ways used as guidelines for the implementation of learning activities to achieve

particular educational objectives (Article 1, paragraph 19 Law RI No. 20 The year 2003). In the RI Law

no. 20 of 2003 three articles are governing the curriculum, namely Articles 36, 37, and 38.

Article 36:

1) Curriculum development is done by referring to the national standard of education to realize

national education objectives.

2) The curriculum at all levels and types of education is developed with the principle of

diversification by educational units, potential regions, and learners.

3) The curriculum is structured according to the level of education within the framework of the

Unitary State

The Republic of Indonesia about:

a. increased faith and piety;

b. improvement of noble character;

c. increasing the potential, intelligence, and interests of learners;

d. the diversity of local potential and environment;

e. regional and national development demands;

f. demands of the world of work;

g. the development of science, technology, and art;

h. religion;

i. dynamics of global development; and

j. National unity and national values.

Provisions concerning curriculum development as referred to in paragraphs (1), (2) and (3) shall be

further regulated under a government regulation.

Article 37:

(1) The curriculum of primary and secondary education shall contain:

a. religious education;

b. civic education;

c. language;

d. mathematics;

e. natural Sciences;

f. social Sciences;

g. Art and culture;

h. physical education and sport;

i. skills / vocational; and

j. local content.
(2) Provisions concerning curriculum as referred to in paragraph (1) further regulated by

government regulations.

Article 38:

a. The Government defines the primary and secondary education curriculum framework.

b. The curriculum of primary and secondary education is developed by the relevance of each

education group or school and school committee/madrasah under the coordination and

supervision of the education office or district / municipal religious office for primary and

secondary education for secondary education.

The language of instruction: Article 33 of RI Law. 20 The year 2003 states:

a. Indonesian as a State Language becomes the language of instruction in national education.

b. Regional languages may be used as the medium of instruction in the early stages of

education if necessary in the delivery of specific knowledge, and skills.

c. Foreign languages can be used as the language of instruction in a particular educational

unit to support the ability of foreign language learners.

Learners: Learners are members of the community who seek to develop their potential through the

learning process available on the path, ladder, and certain types of education (Article 1, paragraph

4 of RI Law No. 20 The year 2003).

Student Rights: Imposed in Article 12 paragraph (1) of RI Law no. 20 of 2003 that: "Every learner

in each educational unit shall have the right:

a. get a religious education by the religion that is adhered to and taught by the educators who

sekama;

b. obtain educational services according to their talents, interests, and abilities;

c. get scholarships for the achievers whose parents can not afford to pay for their education;
 d. To get cost of education for those whose parents can not afford to pay for their education;

e. moving to an educational program on an equivalent track and another educational unit;

f. completing the educational program according to the speed of each learning and not

deviating from the stipulated deadline.

Obligations of Learners: It is enshrined in Article 12 paragraph (2) that: "Every learner is obliged:

a. maintain the norms of education to ensure the sustainability of the process and the success

of education;

b. Shall bear the cost of the provision of education, except for learners who are exempted

from such obligations by applicable legislation.

Article 12 paragraph (3) of RI Law no. 20 of 2003 affirms that: "Foreign nationals may become

learners in educational units organized within the territory of the Unitary State of the Republic of

Indonesia." Further paragraph (4) states that: "The provisions concerning the rights and obligations

of learners as referred to in paragraph (1), paragraph (2), and paragraph (3) shall be further

stipulated by government regulations".

Educators and Education Personnel: Educators are qualified personnel as teachers, lecturers,

counselors, education officers, widyaiswara, tutors, instructors, facilitators, and other designations

that suit their specificity, and participate in education. The educational personnel is members of

the community who are devoted and appointed to support the implementation of education (see

Article 1, paragraphs 6 and 7 of RI Law No. 20 of 2003). In the RI Law no. 20 of 2003 there are

six chapters governing educators and education personnel: chapters 39, 40, 41, 42, 43 and 44.

Article 39:

a. The education staff is responsible for the administration, management, development,

supervision, and technical services to support the education process in the education unit.
 b. Educators are professionals in charge of planning and implementing the learning process,

assessing learning outcomes, conducting mentoring and training, and conducting research

and community service, especially for educators at universities.

F. Law no. 19 of 2005 on National Education Standards;

1. National Standard for Elementary School Education / MI

Review the National Education Standards carefully concerning education for SD / MI, set out in

PP RI No. 19 of 2005 on National Standards of Education as presented below.

a) Understanding. Scope, function, and Objectives of National Education Standards

Understanding and Scope. National Education Standards are minimum criteria of the education

system throughout the jurisdiction of the Unitary State of the Republic of Indonesia (Article 1,

paragraph 1). The scope of National Education Standards includes a. Content standards; b. Process

standards; c. Graduate competence standard; d. Standards of educators and education personnel;

e. standard of educational facilities and infrastructure; f. standard of management; g. Standard of

financing; and h. Standard of educational assessment (Article 2 paragraph (1)).

Functions and Purposes: National Education Standards serve as a foundation for the planning,

implementation, and supervision of education to realize a quality national education (Article 3).

National Education Standards aim to ensure the quality of national education to educate the

nation's life and shape the character and civilization of a proud nation (Article 4).

b) Content Standards

Article 5

1. Content standards cover the scope of the material and the level of competence to achieve the

competence of graduates at a certain level and type of education.

2. The content standards referred to in paragraph (1) contain the basic framework and curriculum

structure, study load, educational unit level curriculum, and educational / academic calendar.

Basic Framework and Curriculum Structure

Article 6

1. The curriculum for general, vocational and special education at elementary and secondary

education levels consists of:

a. groups of religious subjects and noble morals;

b. groups of subjects of citizenship and personality;

c. a group of science and technology subjects;

d. groups of aesthetic subjects;

e. group of real subjects, sports, and health. (4) Each subject group is implemented

holistically so that the learning of each subject group influences the understanding and

appreciation of the students.

All subject groups are equally important in determining participants' graduation educated from the

education unit in primary and secondary education.

The curriculum and syllabus of SD / MI / SDLB / Package A or other equivalent forms emphasizes

the importance of reading and writing skills, numeracy, and communication skills.

Article 7

1) The group of religious subjects and noble morals in SD / MI / SDLB / Package A, SMP /

MTs / SMPLB / Package B, SMA / MA / SMALB / Paket C, SMK / MAK, or other

equivalent form carried out by cargo and / or religious activities, citizenship, personality,

science and technology, aesthetics, body, sport, and health.

 2) Group of citizenship and personality subjects in SD / MI / SDLB / Package A, SMP / MTs

/ SMPLB / Package B, SMA / MA / SMALB / Package C, SMK / MAK, or other equivalent

form implemented through cargo and / or religious activities, noble character, citizenship,

language, art and culture, and physical education.

3) Group of science and technology subjects at SD / MI / SDLB / Paket A, or other equivalent

forms carried out through the content and activities of language, mathematics, natural

sciences, social sciences, skills / vocational, and relevant local content.

Aesthetic subject groups in SD / MI / SDLB / Package A, SMP / MTs / SMPLB / Package B,

SMA / MA / SMALB / Package C, SMK / MAK, or other equivalent forms are carried out through

cargo and / or relevant language, arts and cultural activities, skills and relevant local content.

Physical, sports, and health subject classes in SD / MI / SDLB / Package A, SMP / MTs / SMPLB

/ Package B, SMA / MA / SMALB / Paket C, SMK / MAK, or other equivalent forms carried out

through the content and / or activities of physical education, sports, health education, natural

sciences, and relevant local content.

Article 8

a. The depth of curriculum content in each educational unit is outlined in the competence at

each level and semester by the National Standards of Education.

b. Competence, as referred to in paragraph (1), shall consist of competency standards and

necessary competencies.

Provisions concerning the depth of curriculum content referred to in paragraph (1) developed by

BSNP and stipulated by Ministerial Regulation.

Learning Expenses

Article 10

a. The learning load for SD / MI / SDLB, SMP / MTs / SMPLB, SMA / MA / SMALB, SMK

/ MAK or other equivalent form using hourly learning each week each semester with the

face-to-face system, tacked assignment, and self- unstructured, according to the needs and

characteristics of each.

b. MI / MTs / MA or other equivalent forms may add the learning load as referred to in

paragraph (1) for religious subjects and good morals as well as civics and personality

subjects according to their needs and characteristics.

Provisions on learning load, learning hours, face-to-face time, and the percentage of the learning

load of each subject group is determined by the Rules Minister based on BSNP proposal.

Education Unit Level Curriculum

Article 16

a. Preparation of curriculum at the level of education unit of primary and secondary education

is guided by the guidance prepared by BSNP.

Article 17

a. Education unit curriculum of SD / MI / SDLB, SMP / MTs / SMPLB, SMA / MA /

SMALB, SMK / MAK, or other equivalent form developed by the educational unit,

regional potential / local characteristics, social culture of the local community, and learners.

b. Schools and school committees, or madrassas and madrasah committees, develop the

curriculum of educational unit level and its syllabus based on the basic framework of

curriculum and graduate competency standards, under the supervision of districts /

 municipal agencies responsible for education for elementary, junior high, and vocational

schools, and departments dealing with religious affairs for MI, MTs , MA, and MAK.

Calendar Education / Academic

Article 18

a. The academic / academic calendar includes the beginning of the school year, the effective

week of learning, the effective learning time, and the day off.

b. The day off referred to in paragraph (1) may take the form of a semester midweek for a

period of one week and pause between semesters.

c. The educational / academic calendar referred to in paragraph (1) for each educational unit

shall be further regulated by a Ministerial Regulation.

Standard Process:

Article 19

a. The learning process in the educational unit is held interactively, inspiration, fun,

challenging, motivate the students to participate actively, and provide sufficient space for

initiative, creativity, and independence according to the talent, interest and development of

physical and psychological learners .

b. In addition to the provisions referred to in paragraph (1), in the learning process educators

provide exemplary.

c. Each educational unit undertakes the planning of the learning process, the implementation

of the learning process, assessment of learning outcomes, and supervision of the learning

process for the implementation of effective and efficient learning process.

Article 20
Planning of the learning process includes syllabus and lesson plan that contains at least the learning

objectives, teaching materials, teaching methods, learning resources, and assessment of learning

outcomes.

Article 21

a. The implementation of the learning process as meant in Article 19 paragraph (3) should

pay attention to the maximum number of learners per class and the maximum teaching load

per educator, the maximum ratio of textbooks to each learner, and the maximum ratio of

the number of learners each educator.

b. The implementation of learning process is done by developing the culture of reading and

writing.

Article 22

a. The assessment of learning outcomes as referred to in Article 19 paragraph (3) at primary

and secondary education levels using various assessment techniques in accordance with

the basic competencies that must be mastered.

b. The assessment technique as referred to in paragraph (1) may be a written test, observation,

practice test, and individual or group assignment.

c. For subjects other than science and technology subjects at primary and secondary education

levels, individual observation assessment techniques are at least performed once a

semester.

Article 23
Supervision of the learning process as intended in Article 19 paragraph (3) includes monitoring,

supervision, evaluation, reporting, and taking necessary follow-up actions.

Article 24

Standard planning of learning process, implementation of learning process, assessment of learning

result and supervision of learning process developed by BSNP and determined by Minister

Regulation.

G. Law Number 14 Year 2005 About Teachers and Lecturers

Law number 14 Year 2005 on Teachers and Lecturers (UUGD) contains general matters applicable

to teachers and lecturers, and provisions applicable exclusively to teachers, as well as provisions

that are specific to lecturers. In the presentation in sina only presented material related to the

teacher only. Adapaun material related to the teacher, the outline is as follows:

1) Teachers are professional educators with the main task of educating, teaching, guiding,

directing, elati9h, assessing and evaluating learners on formal education, as well as at

elementary and junior level, including early childhood education (Article 1 paragraph (1)

UU No 14 year 2005 UUGD).

2) Teacher Professional Principle: Article 7 Paragraph (1)

a. Have talents, interests, vocations and idealism

b. Have appropriate educational qualifications and educational background

c. Have the necessary competencies

d. Have a bond of nurturing & professional code of ethics

 e. Responsible for the implementation of professional duties

f. Earned income that matches his work performance

g. Have the opportunity of professional development

h. Have legal protection guarantee

i. Has a professional organization

3) Teacher Requirements

a. Have academic qualification S1 / D4

b. Have competence; Pedagogic, personality, social, professional gained through professional

education

c. Physically and mentally healthy

In the explanation of Article 10, it is affirmed as follows:

a. Pedagogic competence is the ability to manage the learning of learners.

b. Personality competence is a personality skill that is steady, noble, wise, and authoritative and

a role model for learners.

c. Professional competence is the ability to master the subject matter outside and in depth.

d. Social competence is the ability of teachers to communicate and interact effectively and

efficiently with learners, and the surrounding community.

About Certification

a. The recognition of the position of the teacher as professional as referred to in paragraph (1) is

proved by the educator's certificate.

b. Educator certificates are given to qualified teachers.

 c. Educator certification is carried out by a university that has a procurement orogram - an

accredited and provisioned educational procurement staff.

d. Educators' certificates are implemented in an objective, transparent, and accountable manner.

Contents of UUGD

a. Consisting of 8 Chapters and 84 Articles, 205 verses

b. General: 6 Chapters, 15 Articles, 23 verses

c. About the Teacher: 1 Chapter, 37 Articles, 96 verses

d. About Lecturer: 1 Chapter, 32 Article, 86 paragraph

Chapter IV on Teachers

a. Part 1: Qualifications, Competencies and Certification (Ps 8-13)

b. Part 2: Rights and Obligations (Ps 14-20)

c. Part 3: Compulsory Work and Association Branches (Ps 21-23)

d. Section 4: Appointment, Placement, Transfer and Dismissal (Ps 24-31)

e. Section 5: Development and Development (Ps 32-35)

f. Section 6: Awards (Ps 36-38)

g. Part 7: Protection (Ps 39)

h. Part 8: Leave (Ps 40)

i. Section 9: Professional Organizations and Code of Ethics (Ps 41-44)

Chapter V: Lecturer
 a. Part 1: Qualifications, Competencies, Certifications and Academic Positions (Ps 45-50)

b. Part 2: Rights and Duties of Lecturers (Ps 51-60)

c. Part 3: Compulsory Work and Association Branches (Ps 61-62)

d. Section 4: Appointment, Placement, Displacement and Termination (Ps 63-69)

e. Section 5: Development and Development (Ps 69-72)

f. Section 6: Awards (Ps 73-74)

g. Part 7: Protection (Ps 75)

h. Part 8: Leave (Ps 76)

Teacher Position (Apsal 2)

a. Teachers have positions as professionals in elementary, secondary, and early childhood

education on formal education channels raised in accordance with legislation.

b. The recognition of the position of the teacher as professional as referred to in paragraph (1) is

proved by the educator's certificate.

Qualification, Competence and Certification

a. Article 8; Teachers are required to have academic qualifications, competencies, educator

certificates, physical and spiritual health, and have the ability to realize the goals of national

education.

b. Section 9: The academic qualifications referred to in Article 8 shall be obtained through higher

education or undergraduate diploma program.

 c. Article 10: (1) Teacher competence as referred to in Article 8 covers pedagogic competence,

personality competence, social competence, and professional competence gained through

professional education.

d. Article 11:

a) The educator certificate as referred to in Article 8 shall be given to teachers who have met

the requirements.

b) The certification of pedagogues is conducted by a university that has an accredited

educational procurement program.

e. Article 13:

a) The Government and regional governments shall provide budgets for the improvement of

academic qualifications and certification of teachers for teachers in positions appointed by

educational units organized by governments, local governments and the public.

Professional teacher competence includes (Article 10 paragraph (1))

a. Pedagogic competence

b. Personality competence

c. Social Couple

d. Professional Competence gained through professional education

Master's Professional Rights (Article 14 paragraph (1))

a. Acquire needs above minimum living and social welfare.

b. Getting promotions and awards in accordance with the task and job performance.

c. Obtain protection in the performance of intellectual property and duties.

 d. Gain opportunities to improve competence.

e. Obtain and utilize learning facilities and infrastructure to support the smoothness of

professional duties.

f. Have freedom in giving assessment and participate in determining graduation, award, and / or

sanction to learners according to the rules of education, teacher code of ethics, and legislation.

g. Obtaining safe rassa and safety assurance in carrying out the task,

h. Having freedom to organize in professional organizations,

i. Having the opportunity to play a role in the provision of policies for livelihood,

j. Gain opportunities to develop and enhance academic and competence qualifications,

k. Gain training and professional development in the field.

Earnings Above Minimum Requirements (Article 15)

a. Basic salary,

b. Benefits attached to salary,

c. Tunjangn profession,

d. Functional allowances,

e. Special allowances,

f. Additional maslamates.

Teacher Rights (Article 15)

a. Income above the minimum requirement as referred to in Article 14 paragraph (1) letter a

includes basic salary, inherent wages and other income in the form of professional allowance,
 functional allowance, special allowances, and additional benefits related to his duty as a teacher

determined by the principle of reward on the basis of achievement.

b. Teachers who are appointed by an education unit organized by the government or local

government are paid a salary in accordance with the regulations of the sharers.

c. Teachers who are appointed by educational units organized by the community are paid based

on work agreements or collective labor agreements.

Professional Allowances (Article 16)

a. The Government provides professional allowances as referred to in Article 15 paragraph (1) to

teachers who have certified educators appointed by education providers and / or educational

units organized by the community.

b. The professional allowance referred to in paragraph (1) shall be equal to 1 (one) kalli of the

basic salary of teachers appointed by the education unit held by the government or local

government at the same level, working period and qualification.

c. The professional allowance as referred to in paragraph (1) shall be allocated in APBN and / or

APBD.

Functional subsidy (Article 17)

a. The government and / or regional governments provide functional allowances as referred to in

Article 5 paragraph (1) to teachers who are educated by education units held by the government

and regional governments.

 b. The government and / or regional government shall provide subsidies for functional allowances

as referred to in Article 15 paragraph (1) bkepada teachers appointed by education units that

are protected by the community in accordance with the rules of legislation.

c. Functional allowances as referred to in paragraph (1) and functional allowance subsidies as

referred to in paragraph (2) shall be allocated in APBN and / or APBD.

Special Allowances (Article 18)

The government provides special allowances as referred to in Article 15 paragraph (1) to teachers

assigned to special daarah.

a. The special allowances as referred to in paragraph (1) shall be granted equivalent to 1 (one)

times the basic salary of teachers appointed by the education unit held by the government or

local government at the same level, length of service and qualification.

b. Teachers appointed by the government or regional government in a special area shall be

entitled to the official housing provided by the local government in accordance with the

authority.

Additional Mashlat in the form of additional welfare in the form of:

a. Education allowance,

b. Education insurance,

c. Scholarship,

d. Award for teachers,

e. The ease of obtaining education for the teacher's son and daughter,
 f. Health services,

g. And other forms (Article 19 paragraph 1)

Professional Organization (Article 41)

a. Teachers form professional organizations that are independent.

b. The pro- fession organization referred to in paragraph (1) serves to advance the profession,

improve competence, career, educational insight, professional protection, prosperity, and

community service.

c. Teachers are obliged to become professional members as referred to in paragraph (1)

conducted in accordance with laws and regulations.

d. Governments and / or local governments can facilitate professional organizations of teachers

in carrying out coaching and professional development of teachers.

Professional organizations have the authority (Article 42):

a. Establish & enforce teacher's ethics;

b. Providing legal assistance to teachers;

c. Provide protection of the teacher profession;

d. Conducting coaching & professional development of teachers, and

e. Advancing national education.

Code of Conduct (Article 43)

 a. To maintain & improve the honor and dignity of teachers in the implementation of professional

duties, professional organizations form the code of ethics.

b. The code of ethics as referred to in paragraph (1) contains the norms and ethics that bind the

behavior of teachers in the implementation of professional duties.

Honorary Board (Article 44)

a. The teachers' honor board is formed by the professional organization of teachers.

b. The membership and working mechanism of the honorary board of teachers as referred to in

paragraph (1) shall be stipulated in the articles of association of teachers' professional

organizations.

c. The teacher's honor board as referred to in paragraph (1) shall be established to supervise the

implementation of the teacher's code of ethics and to provide recommendation on sanctions for

code violation by teachers.

d. The recommendation of honor teacher profession as referred to in paragraph (3) shall be

objective, non-discriminatory, and not contrary to the articles of association of professional

organizations and laws and regulations.

e. The organization of the teaching profession shall implement the recommendation of the

honorary board of teachers as referred to in paragraph (3).

23 Article 82 paragraph:

a. The Government starts to implement the longest educator certification program within 12

months from the enactment of this law.

b. Teachers who do not have academic qualifications and educator certificates as referred to in

this law must meet the academic qualification and educator certificate no later than 10 years

after the enactment of this law.

 CHAPTER IV

CONCLUSION

A. Conclusion

The 1945 Constitution and RI Law. 20 Year 2003 About National Education System are

two forms of juridical basis of national education. Article 31 of the 1945 Constitution guarantees

the right of every citizen to education, requiring every citizen to attend basic education and

obliging the government to fund it. Article 31 of the 1945 Constitution also mandates that the

government undertakes and organizes the national education system, prioritizing the education

budget of at least 20% of the APBN and APBD to meet the needs of national education, and to

advance Science and Technology by upholding the values of religion and national unity for the

advancement of civilization and the welfare of mankind.

The juridical foundation of education sourced from RI Law no. 20 Year 2003 on National

Education System - which is studied in this learning activity - among others include: Article 1

General Provisions; Explanation of national education vision, mission and strategy; Article 2 on

the basis of national education; Article 3 on the function and purpose of national education; Article

4 concerning the principle of the implementation of education; Article 5 s.d. Article 11 concerning

the rights and obligations of citizens, parents, communities and governments; Article 32

concerning special education and special service education; and Article 34 on compulsory

education.

According to RI Law no. 20 In 2003 in the national education system, there are three

educational channels, namely formal, nonformal, and informal education. In formal education

there are three levels of education, namely primary education, secondary education and higher

education. Organizers and / or formal education units established by the Government or the
community in the form of educational legal entities. The type of education consists of general

education, vocational education, academic education, professional education, vocational

education, religious education, and special education.

National Education Standards SD / MI - as a study material in this learning activity -

referring to PP RI No. 19 of 2005 on National Standards of Education. The scope includes: content

standards; process standards; graduate competence standard; standards of educators and education

personnel; standard of educational facilities and infrastructure; standard of management; standard

of financing; and educational assessment standards.

Law No. 14 of 2005 on Teachers and Lecturers is one of the juridical foundations on

teachers as professionals. In it, among others, stipulating the status, function and purpose of the

teacher; principles of professionalism; qualification, competence, and certification of teachers;

rights and obligations of teachers; teacher appointment, placement and dismissal; guidance and

teacher development; respect and protection of teachers; leave; professional organizations and

teacher code of ethics.

 CHAPTER V

IMPLICATION

A. Government Regulation No. 32 of 2013 on the Changes in National Education Standards

The national standard of education is the minimal criterion of the education system throughout the

jurisdiction of the Unitary State of the Republic of Indonesia. The intended criteria are graduate

competency standard, content standard, process standard, educator standard and educational staff,

facility and infrastructure standard, management standard, financing standard, education assessment

standard.

Changes in national education standards contained in Government Regulation No. 32 of 2013 states

that:

1. "The ministry is the ministry responsible for education and culture."

2. "The Teacher Handbook is a guideline containing Learning strategies, Learning methods,

Learning techniques, and assessments for each subject and / or Learning theme."

3. "Textbooks Lessons are the primary Learning resource for achieving Basic Competencies and

Core Competencies."

4. "Learning is the process of interaction between Student Educate, between Educate Participants

with educators and learning resources in a learning environment."

5. In Article 5, paragraph 1, which reads "What is meant by" the scope of the material "is the

limitation of the depth of charge described in the curriculum for each educational unit and

educational program."
B. Regulation of the Minister of National Education of the Republic of Indonesia Number 16 Year

2007 regarding Academic Qualification and Teacher Competency Standards

The academic qualifications of teachers in formal education units include the academic

qualifications of Early Childhood / Early Childhood / Raudatul Atfal (PAUD / TK / RA) teachers,

primary / madrasah ibtidaiyah (SD / MI) teachers, junior high school teachers / Madrasah Tsanawiyah

(SMP / MTs), high school / madrasah aliyah (high school / MA) teachers, extraordinary elementary

school teachers / extraordinary high school / high school (SDLB / SMPLB / SMALB), and vocational

/ madrasah high school teachers aliyah vocational (SMK / MAK *).

This teacher's competency standard is developed in full from four main competencies, namely

pedagogic, personality, social, and professional competence. These four competencies are integrated

in teacher performance. Teacher competency standards include core teacher competencies developed

into PAUD / TK / RA teacher competencies, elementary / junior high school teachers, and subject

teachers in SD / MI, SMP / MTs, SMA / MA, and SMK / MAK *

C. Regulation of the Minister of National Education of the Republic of Indonesia Number 19 of 2007

on Education Management Standards by Basic and Secondary Education Units

Each educational unit is required to meet national education management standards. Education

Management Standards by Basic and Intermediate Education Units include program planning,

implementation of work plans, monitoring and evaluation, school leadership, management information

systems, special assessments.

D. Minister of National Education Regulation Number 24 Year 2007 regarding Standard of

Infrastructure Facilities of SD / MI, SMP / MTs, and SMA / MA.

Standard of Infrastructure Facilities SD / MI includes education unit, land, building, provision of

facilities and infrastructure (covering classroom, library room, science laboratory, leadership room,

teacher room, place of worship, UKS room, toilet, warehouse, play / exercise). Standard of Facilities

and Infrastructure SMP / MTs includes education unit, land, building building, completeness of

facilities and infrastructure (covering classroom, library room, science laboratory room, leadership

room, teacher room, administration room, worship place, counseling room, , student organization room,

toilet, warehouse, circulation room, play / exercise). Standard of Facilities and Infrastructure SMA /

MA includes educational unit, land, building, facilities and infrastructure (including classroom, library

room, biology laboratory, physics laboratory room, chemistry laboratory room, computer laboratory

room, language laboratory room, , teacher room, administrative room, worship place, counseling room,

UKS room, student organization room, toilet, warehouse, circulation room, play / exercise).

E. Government Regulation Number 74 of 2008 on Teachers

In article 1 states that: "Teachers are professional educators with the primary task of educating,

teaching, guiding, directing, training, assessing, and evaluating learners in early childhood education

formal education, primary education and secondary education. Kindergarten, hereinafter abbreviated

as TK and Raudhatul Athfal, hereinafter abbreviated as RA and Bustanul Athfal, hereinafter referred

to as BA is one form of Early Childhood Education unit in formal education that organizes education

program for children aged 4 (four) years up to 6 (six years."

Article 2 states that "Teachers shall have Academic Qualifications, competencies, Certificates of

Educators, physically and mentally healthy, and have the ability to realize the goals of national

education."

In Chapter III on the rights gained by teachers in article 15-18 on professional allowances, in chapters

19-21 on functional allowances and subsidy allowances functional section, in article 22 concerning

special allowances, in article 23 concerning equality of benefits, in articles 24-29 of additional benefits,

in article 30-35 on awards, in article 36 on promotion, under section 37-39 on the Assessment, Awards

and Sanction by Master to the Student, in article 50-51 on leave.

In Chapter V concerning the obligations of employment and the pattern of official ties is set out clearly

in chapters 55-57. In Chapter VI on appointments, placements, and transfers is set out clearly in

chapters 58-62.

In Chapter VII the sanctions obtained by teachers are clearly set out in chapters 63-64.

In Chapter VII of the transitional provisions set forth in article 65 concerning Teachers in positions

shall be granted the Education Certificate directly if:

a. Already have a master's academic qualification (S-2) or a doctorate (S-3) from an accredited

college in the field of education or a field of study relevant to the subject or clump of the subject

he is receiving, or a classroom teacher and counselor or teacher counselor, with a group of at

least IV / b or who meets the cumulative credit score equivalent to group IV / b; or

b. Has a class of as low as IV / c, or that meets the cumulative credit score equivalent to class IV

/ c.

Why:

One of the main purposes of the Law is to inculcate in young minds the respect

for human rights, for cultural pluralism and learning to live together, promote morals
and character building as well as unity in diversity (BhinnekaTunggal Eka) in the

spirit of brotherhood and solidarity.

 REFERENCES

Government Regulation No. 32 of 2013 on the Changes in National Education Standards. Retrived from

http://kelembagaan.ristekdikti.go.id/wp-content/uploads/2016/08/PP0322013.pdf

Regulation of the Minister of National Education of the Republic of Indonesia Number 16 Year 2007

regarding Academic Qualification Standards and Teacher Competencies. Retrived from

http://vervalsp.data.kemdikbud.go.id/prosespembelajaran/file/Permendiknas%20No%2016%20T

ahun%202007.pdf

Regulation of the Minister of National Education of the Republic of Indonesia Number 19 of 2007 on

Education Management Standards by Basic and Secondary Education Unit. Retrived from

https://id.scribd.com/doc/52649629/Permendiknas-No-19-Tahun-2007-standar-Pengelolaan-

Sekolah

Regulation of the Minister of National Education Number 24 Year 2007 regarding Standard of Facilities

and Infrastructure of Primary Schools / Junior High Schools, Junior High Schools / Senior High

Schools, Senior High Schools / MA. Retrived from

http://vervalsp.data.kemdikbud.go.id/prosespembelajaran/file/Permendiknas%20No%2024%20T

ahun%202007.pdf

Government Regulation Number 74 Year 2008 regarding Teachers. Retrived from

https://www.google.co.id/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ve

d=0ahUKEwi6x6z-

jaXXAhULm5QKHZxTAV0QFggvMAE&url=http%3A%2F%2Fsetjen.kemdikbud.go.id%2Fse

tjen%2Fdownlot.php%3Ffile%3DPP_Tahun2017_Nomor019.pdf&usg=AOvVaw2lC5xiVumN

Wf65N8QPe3kO
Implementing the Right to Education.(2010). UNESCO