LAW OF THE REPUBLIC OF INDONESIA NUMBER 20, YEAR 2003 ON NATIONAL EDUCATION SYSTEM

LAW OF THE REPUBLIC OF INDONESIA NUMBER 20, YEAR 2003 ON NATIONAL EDUCATION SYSTEM

Whereas:

a.The Preamble of the 1945 Constitution has mandated that the Government of the Republic of Indonesia protects all her citizens and territorial integrity and to promote public welfare, to enhance the intellectual life of the whole nation, and to take part in world peace keeping, based on independence, enduring peacefulness, and social justice.

b.The 1945 Constitution has mandated that the Government organize and run one national education system, based on legal framework, to strengthen the people’s faith and piety to God the Almighty and their moral character as a means for enhancing the intellectual capacity of the nation;

c.A national education system should ensure equal opportunity, improvement of quality and relevance and efficiency in management to meet various challenges in the wake of changes of local, national and global lives; therefore it requires a well-planned, well-directed, and sustainable education reform;

d. Act Number 2 Year 1989 on the National Education System is no longer appropriate and it needs to be changed and adjusted in order to implement the principles of the democratization of education;

e.In view of a, b, c above it has become necessary that the Law of National Education be enacted.

 

In consideration of:

Article 20, Article 21, Article 28 C verse (1), Article 31, and Article 32 of the 1945 Constitution;

 

HOUSE OF PEOPLE’S REPRESENTATIVES OF THE REPUBLIC OF INDONESIA

AND

PRESIDENT OF THE REPUBLIC OF INDONESIA

 

ENACT AND PROCLAIM:

ACT ON NATIONAL EDUCATION SYSTEM

 

CHAPTER I

GENERAL PROVISIONS

 

Article 1

In this Law, unless otherwise provided:

1.Education means conscious and well-planned effort in creating a learning environment and learning process so that learners will be able to develop their potential for acquiring spiritual and religious strengths, develop self-control, personality, intelligence, morals and noble character and skills that one needs for him/herself, for the community, for the nation, and for the state.

2.National education means education based on Pancasila and the 1945 Constitution, and is rooted in the religious values, national cultures of Indonesia, and one that is responsive to the needs of transitional era.

3.National education system means the overall components of education, which are interrelated in an integrated way in the pursuit of national education objectives.

4.Learners mean members of any community wishing to develop their potential through a learning process, available in particular stream, level and type of education.

5.Educational personnel mean members of education community devoted to education and are appointed to participate in the provision of education.

6.Educators mean teaching staff who have the qualification to be a teacher, a lecturer, a counselor, a learning guide (pamong belajar), a senior instructor (widyaiswara), a tutor, an instructor, a facilitator, and other titles in accordance with their specialization, and who participate in provision of education.

7.Educational streaming means a vehicle for learners to develop their own potential in an education process in line with the pre-determined educational objectives.

8.Levels of education mean the stages in education, which are determined by learners’ progress, objectives to be achieved, and the capacity to be developed.

9.Types of education means the clusters in education based on special features of the educational objectives of an educational unit.

10.Unit of education means unit of educational services providing education for formal, non-formal, and informal education at every level and type of education.

11.Formal education means educational stream, which is structured and has levels, encompassing basic education, secondary education, and higher education.

12.Non-formal education means education outside formal education, which can be implemented structurally, or in several levels.

13.Informal education means family education and education in surroundings.

14.Early childhood education means educational efforts since birth to six years of age by giving stimulus for children’s physical and emotional growth and development to prepare them for further education.

15.Distance education means education provided in a situation in which learners are separated from their educators, and the teaching-learning processes are conducted by means of the utilization of information and communication technologies and other media.

16.Community-based education means the provision of education based on the uniqueness of religion, social, cultural, aspirations and potential of society for the realization of education from, by, and for the community.

17.National educational standards mean the minimal criteria about education system in the whole jurisdiction of the Republic of Indonesia.

18.Compulsory education is a minimal educational program, which shall be attended by all Indonesian citizens fully supported by the Central Government and Local Governments.

19.Curriculum means set of plans and regulations about the aims, content and material of lessons and the method employed as the guidelines for the implementation of learning activities to achieve given education objectives.

20.Learning means process of interaction between learners and educators and learning resources in a particular learning environment.

21.Evaluation means a process of controlling, ensuring, and determining educational quality in all components of education in each stream, level, and type of education as a form of responsibility of education provision.

22.Accreditation means assessment of the feasibility of an education unit and program based on pre-set criteria.

23.Education resources mean anything utilized in the provision of education, including education personnel, community, fund, facilities and equipment.

24.Board of Education means an independent institution consisting of various components of education community devoted to education.

25.School/Madrasah Committee means an independent institution consisting of parents/children’s guardians, school communities, and community figures devoted to education.

26.Citizens mean Indonesian citizens, either residing in the territory of the Republic of Indonesia or outside the territory of the Republic of Indonesia

27.Community means a group of Indonesian people who are not part of the government and who are concerns with and who participate in educational area.

28.Government means the Central Government.

29.Local Governments means the Provincial, District, or City Government.

30.Minister means the Minister who is responsible for national education.

 

 

CHAPTER II

BASIS, FUNCTION AND AIMS

 

Article 2

 

The National Education is based on Pancasila and the 1945 Constitution of the Republic of Indonesia.

 

Article 3

 

The National Education functions to develop the capability, character, and civilization of the nation for enhancing its intellectual capacity, and is aimed at developing learners’ potentials so that they become imbued with human values who are faithful and pious to one and only God; who possess morals and noble character; who are healthy, knowledgeable, competent, creative, independent; and as citizens, are democratic and responsible.

 

 

CHAPTER III

PRINCIPLES OF EDUCATION PROVISION

 

Article 4

 

(1)Education is conducted democratically, equally and non-discriminatorily based on human rights, religious values, cultural values, and national pluralism.

(2)Education is conducted as a systemic unit with an open system and multi-meanings.

(3)Education is conducted as a life-long process of inculcating cultural values and for empowerment of learners.

(4)Education is conducted based on the principles of modeling, motivation and creativity in the process of learning.

(5)Education is conducted by developing culture for reading and writing and, arithmetic for all members of community.

(6)Education is conducted by empowering all components of community through their participation in the implementation and quality control of the education services.

 

CHAPTER IV

RIGHTS AND OBLIGATION OF CITIZENS, PARENTS, COMMUNITY, AND GOVERNMENT

 

Part One

Rights and Obligations of Citizens

 

Article 5

 

(1)Every citizen has equal rights to receive a good quality education.

(2)Citizens with physical, emotional, mental, intellectual, and/or social deficiencies shall have the right to receive special education.

(3)Citizens in the remote or less-developed areas, and isolated areas have the right to receive education with special services.

(4)Citizens who are proven intelligent and especially gifted have the right to receive special education.

(5)Every citizen shall have the right to enhance his/her educational ability in the process of life-long education.

 

Article 6

 

(1)Every seven to fifteen years old citizen shall have the right to receive basic education.

(2)Every citizen shall have the obligation to keep the education process sustainable.

 

Part Two

Rights and Obligations of Parents

 

Article 7

 

(1)Parents shall have the right to take part in the choice of the unit of education for their children and to obtain information concerning circumstance of their children’s education.

(2)Parents of the children entitled to receive compulsory education shall have the obligation to ensure basic education for their child.

 

Part Three

Rights and Obligations of Community

 

Article 8

 

The community has the right to participate in the planning, implementation and monitoring, and evaluation of the education programs.

Article 9

 

The community has to support by supplying resources needed in the implementation of education.

 

Part Four

Rights and Obligations of the Government and Local Governments

 

Article 10

 

The Government and Local Governments have the right to guide, supervise, assist, and monitor the implementation of education in accordance with the regulations, which are in force.

 

Article 11

 

(1)The Government and Local Governments have to provide services and facilities, and ensure the implementation of quality education for every citizen without discrimination.

(2)The Government and Local Governments have to ensure the availability of funds for the implementation of education for every Indonesian citizen from aged seven to fifteen.

 

CHAPTER V

LEARNERS

 

Article 12

 

(1)Every learner in an educational unit is entitled to:

a.receive religious education in accordance with his/her religion, imparted by an educator who has the same religion;

b.obtain education services in accordance with his/her talent, interest, and ability;

c.receive a scholarship in recognition of meritorious performance if his/her parents are not able to bear education expenses;

d.receive educational grant if his/her parents are not able to bear education expenses;

e.shift from one to another stream and unit of education at the same level;

f.complete an education program based on individuals’ rate of learning and not exceeding the time determined.

 

(2)Every learner shall be responsible for:

a.abiding by educational norms to ensure the process and success of education;

b.taking part in the implementation of education by paying prescribed fee, except for learners who are exempted from the said obligation in accordance with the regulations in force.

(3)Foreign citizens can become a learner in an educational unit organized in the territory of the Republic of Indonesia.

(4)The implementation of the provisions for right and obligations of learners, set forth in verse (1), verse (2), and verse (3), shall be stipulated by the Government Regulation.

 

CHAPTER VI

STREAMS, LEVELS, AND TYPES OF EDUCATION

 

Part One

General

 

Article 13

 

(1)Educational streaming consists of formal education, non-formal education, and informal education, which can complement and enrich each other.

(2)Education set forth in verse (1) can be provided with an open system through face-to-face and/or distance learning.

 

Article 14

 

Levels of education consist of basic education, secondary education, and higher education.

 

Article 15

 

Types of education include general education, vocational education, academic education, professional education, vocational and technical education, religious education, and special education.

 

Article 16

 

The streams, levels, and types of education can take the form of an educational unit organized by the Government, Local Governments, and/or community.

 

Part Two

Basic Education

 

Article 17

 

(1)Basic education is foundation for secondary education.

(2)Basic education takes the form of are primary schools , that is, Sekolah Dasar (SD) as well as Madrasah Ibtidaiyah (MI), or other schools of the same level, and junior secondary schools, that is Sekolah Menengah Pertama (SMP) as well as Madrasah Tsanawiyah (MTs), or other schools of the same level.

(3)The implementation of the provisions for basic education, set forth in verse (1) and verse (2), shall be further stipulated by the Government Regulation.

 

Part Three

Secondary Education

 

Article 18

 

(1)Secondary education is the continuation of basic education.

(2)Secondary education comprises general secondary education and vocational secondary education.

(3)Secondary education takes the form of senior general secondary schools, that is, Sekolah Menengah Atas (SMA) as well as Madrasah Aliyah (MA), and senior vocational secondary schools, that is Sekolah Menengah Kejuruan (SMK) as well as Madrasah Aliyah Kejuruan (MAK), other schools of the same level;

(4)The implementation of the provisions of secondary education, set forth in verse (1), verse (2), and verse (3), shall be further stipulated by the Government Regulation.

 

Part Four

Higher Education

 

Article 19

 

(1)Higher education is level of education after secondary education consisting of diploma, bachelor (sarjana), masters and specialized postgraduate programs, and doctorate programs imparted by a higher education institution.

(2)Higher education shall be provided in a flexible system.

 

Article 20

 

(1)Higher education institutions can take the form of academy, polytechnic, college for specialization (sekolah tinggi), institute, or university.

(2)Higher education institutions shall provide education, research, and community services.

(3)Higher education institutions can run academic, professional, and/or vocational and technical programs.

(4)The implementation of the provisions for higher education institutions, set forth in verse (1), verse (2), and verse (3), shall be further stipulated by the Government Regulation.

Article 21

 

(1)Higher education institutions, which meet the requirements, prescribed and possess the competence to provide a particular academic program can confer academic, professional, or technical and vocational degrees in accordance with the education programs that are provided.

(2)Individual, organization, or education provider that is not a higher education institution is prohibited from conferring academic, professional, or vocational and technical degrees.

(3)Academic, professional, or vocational and technical degrees can be made use of by only graduate of higher education institutions which can confer such degrees rightfully.

(4)The title based on academic, professional, or vocational and technical degrees of higher education institutions is only acceptable in the form and abbreviation as received from the concerned institutions.

(5)Education providers that do not meet the requirements prescribed set forth in verse (1) or education providers that are not higher education institutions which act as set forth in verse (2) shall be subject to administrative sanction through the termination of the education providers concerned.

(6)Academic, professional, or vocational and technical degrees conferred by education providers that do not meet the requirements set forth in verse (1) or education providers that are not higher education institutions set forth in verse (2) are declared illegal.

(7)The implementation of the provisions for conferring academic, profession, and vocational and technical degrees, set forth in verse (1), verse (2), verse (3), verse (4), verse (5), and verse (6), shall be further stipulated by the Government Regulation.

 

Article 22

 

Universities, institutes, and higher education institutions, which conduct doctorate programs, are entitled to confer a suitable degree of honorary doctor (Doctor Honoris  Causa) on an individual who deserves a high appreciation with regard to his/her extraordinary contribution to science, technology, community, religion, culture, or arts.

 

Article 23

 

(1)In universities, institutes, and higher education institutions, a professor shall be appointed in conformity with the regulations, which are in force.

(2)The title of professor (guru besar) is used only in the period during which the holder is in the designated functional position at a higher education institution.

 

Article 24

 

(1)In the implementation of education and development of science, a higher education institution is entitled to intellectual pursuits freely and to academic freedom, and scientific autonomy.

(2)Higher education institutions are entitled to autonomy to manage their institutions as a center of higher education, scientific research, and services to the community.

(3)Higher education institutions are entitled to raise funds form the community, and their management is based on the principles of public accountability.

(4)The implementation of the provisions for higher education institutions, set forth in verse (1), verse (2), and verse (3), shall be further stipulated by the Government Regulation.

 

Article 25

 

(1)Every higher education institution sets the requirements for awarding academic, professional, or technical and vocational degrees.

(2)An academic, professional, or technical and vocational degree awarded shall be revoked, if his/her thesis/dissertation is a plagiarism.

(3)The implementation of the provisions for the requirements to hold and to revoke academic, professional, or vocational and technical degrees, set forth in verse (1) and verse (2), shall be further stipulated by the Government Regulation.

 

Part Five

Non-formal Education

 

Article 26

 

(1)Non-formal education is provided for community members who need education services which functions as a replacement, complement, and/or supplement to formal education in the frame of supporting life-long education.

(2)Non-formal education is aimed at developing learners’ potentials with emphasis on the acquisition of knowledge and functional skills and developing personality and professional attitude.

(3)Non-formal education comprises life-skills education, early childhood education, youth education, women empowerment education, literacy education, vocational training and internship, equivalency program, and other kinds of education aimed at developing learners’ ability.

(4)Non-formal education unit consists of training centers and colleges, study groups, community learning centers, majelis taklim, and other education units of the similar type.

(5)Training centers and colleges are provided for community members who are in need of knowledge, competencies, life-skills, and attitudes to develop their personality, professionalism, working ethics, entrepreneurship, and/or for further education.

(6)The outcomes of the non-formal education shall be recognized as being equal to the outcomes of formal education program after undergoing a process of assessment by an agency appointed by the Government or Local Governments based on national education standards.

(7)The implementation of the provisions for non-formal education, set forth in verse (1), verse (2), verse (3), verse (4), verse (5), and verse (6), shall be further stipulated by the Government Regulation.

 

Part Six

Informal Education

 

Article 27

 

(1)Informal education can be in the form of self-learning, provided by families and surroundings.

(2)The outcomes of informal education as mentioned in verse (1) shall be recognized as being equal to the outcomes of formal education and non-formal education after passing successfully in an assessment according to national education standards.

(3)The implementation of the provisions for informal education, set forth in verse (1) and verse (2), shall be further stipulated by the Government Regulation.

 

Part Seven

Early Childhood Education

 

Article 28

 

(1)Early childhood education is organized prior to basic education.

(2)Early childhood education is provided through formal education, non-formal education, and/or informal education.

(3)Early childhood education provided through formal education can take the form of taman kanak-kanak (TK) that is, kindergarten, raudatul athfal (RA), or other forms of formal education of similar type.

(4)Early childhood education provided through non-formal education can take the form of kelompok bermain (KB) that is, play groups, taman penitipan anak (TPA), that is child care centers, or other forms of non-formal education of similar type.

(5)Early childhood education provided through informal education can take the form of family education or education in surroundings.

(6)The implementation of the provisions for early childhood education, set forth in verse (1), verse (2), verse (3), and verse (4), shall be further stipulated by the Government Regulation.

 

Part Eight

In-Service Education

Article 29

 

(1)In-service education is professional education provided by concerned government department or non-departmental government institution.

(2)In-service education functions to enhance the ability and skills in carrying out duties for government officials and for official candidates in concerned government department or non-departmental government institution.

(3)In-service education is provided through formal education and non-formal education.

(4)The implementation of the provisions for in-service education, set forth in verse (1), verse (2), and verse (3), shall be further stipulated by the Government Regulation.

 

Part Nine

Religious Education

 

Article 30

 

(1)Religious education is provided by Government and/or by any group of people belonging to the same religion in accordance with the law in force.

(2)Religious education has the function to prepare learners to become a member of community who understand and practice religious values and/or acquire expertise in religious studies.

(3)Religious education can be conducted through formal education, non-formal education, and informal education.

(4)Religious education can take the form of diniyah education, pesantren, pasraman, pabhaja samanera, and other education forms of similar type.

(5)The implementation of the provisions for religious education, set forth in verse (1), verse (2), verse (3), and verse (4), shall be further stipulated by the Government Regulation.

 

Part Ten

Distance Education

 

Article 31

 

(1)Distance education can be organized in all streams, levels, and types of education.

(2)Distance education has the function to provide educational services to any group of people in the community who cannot attend ‘face-to-face’ courses or regular classes.

(3)Distance education is organized in various forms, modes, and coverage supported by learning facilities and services, and assessment system which ensures that the quality of graduates is in accordance with national education standards.

(4)The implementation of the provisions for distance education, set forth in verse (1), verse (2), and verse (3), shall be further stipulated by the Government Regulation.

 

Part Eleven

Special Education and Education with Special Services

 

Article 32

 

(1)Special education is provided for learners who have difficulties in following the learning process because of physical, emotional, mental, and social deficiencies, as also for those with proven intelligence and especially gifted.

(2)Education with special services is provided for learners in the remote and less-developed areas, isolated areas, and/or for learners who are victims of natural disasters, suffer from social deficiencies, and those who are economically disadvantaged.

(3)Implementation of provisions for special education and education with special services, set forth in verse (1) and verse (2), shall be further stipulated by the Government Regulation.

 

 

CHAPTER VII

MEDIUM OF INSTRUCTION

 

Article 33

 

(1)Bahasa Indonesia as the language of the nation shall be the medium of instruction in the national education.

(2)Local language can be used as a medium of instruction in the early stage of education, if needed in the delivery of particular knowledge and/or skills.

(3)A foreign language can be used as a medium of instruction to support the competency of the learners in foreign language.

 

CHAPTER VIII

COMPULSORY EDUCATION

 

Article 34

 

(1)Every citizen can enroll for compulsory basic education program at the age of 6.

(2)The Government and Local Governments guarantee the implementation of compulsory education at least for basic education free of cost.

(3)Compulsory education is the State’s responsibility, which is provided by the Government, the Local Governments, and the community.

(4)The implementation of the provisions for compulsory education, set forth in verse (1), verse (2), and verse (3), shall be further stipulated by the Government Regulation.

 

CHAPTER IX

NATIONAL EDUCATION STANDARDS

 

Article 35

 

(1)National education standards consist of the standard of the content, process, graduate outcomes, educational personnel, facilities and equipment, management, funding, and educational assessment, which should be improved systematically and regularly.

(2)National educational standards are used as a guideline for the development of curriculum, development of educational personnel, provisions of facilities and equipment, management, and funding.

(3)The development, monitoring, and reporting on the achievement of the national education standards are organized by a quality assurance body.

(4)The implementation of the provisions for national education standards, set forth in verse (1), verse (2), and verse (3), shall be further stipulated by the Government Regulation.

 

CHAPTER X

CURRICULUM

 

Article 36

 

(1)The development of curriculum is based on national education standards for the pursuit of national education goals.

(2)The curriculum at all educational levels and types of education is developed according to principle of diversifications, adjusted to the units of education, local and learners potential.

(3)The curriculum development is organized in accordance with level of education within the framework of the national unity of the Republic of Indonesia and takes the following into account:

a.the enhancement of faith and piety;

b.the enhancement of noble character;

c.the enhancement of learner’s potential, intellectual, and interests;

d.the diversity of the region’s potential and environment;

e.demand for regional and national development;

f.requirement of labor market;

 

g.development in science, technology, and arts;

h.religion;

i.the dynamic of global development; and

j.the national unity and nation values.

(4)The implementation of the provisions for curriculum development, set forth in verse (1), verse (2), and verse (3), shall be further stipulated by the Government Regulation.

 

Article 37

 

(1)The curriculum for basic and secondary education must include:

a.religious education;

b.civic education;

c.language;

d.mathematics;

e.science;

f.social sciences;

g.art and culture;

h.physical education and sports;

i.vocational skills; and

j.local content.

(2)The curriculum of higher education must include:

a.religious education;

b.civic education;

c.language.

(3)The implementation of the provisions for curriculum content, set forth in verse (1) and verse (2), shall be further stipulated by the Government Regulation.

 

Article 38

 

(1)The Government determines the curriculum framework and structure for basic and secondary education;

(2)The curriculum for basic and secondary education shall be developed in accordance with its relevance by each educational cluster or unit and school/madrasah committee under the coordination and supervision of Ministry of National Education or Ministry of Religious Affairs at the district/city levels for basic education, and at the provincial level for secondary education.

(3)The curriculum of higher education shall be developed by each higher education institution concerned, taking into consideration national standards of education for each program of study.

(4)The basic frameworks and curriculum structure of higher education institution shall be determined by higher education institution concerned, taking into consideration national standards of education for each program of study.

 

CHAPTER XI

EDUCATORS AND EDUCATIONAL PERSONNEL

 

Article 39

 

(1)Educational personnel have the duty to carry out administration, organization, development, monitoring, and technical service to support education process in a unit of education.

(2)Educators are professional, who have duty to plan and implement learning process, to assess education outcomes, to carry out counseling and training, and to conduct research and community service, especially for higher education institution personnel. 

 

Article 40

(1)Educators and education personnel are entitled to:

a.have respectable professional salary and adequate social welfare provision;

b.obtain recognition based on his/her duties and performance;

c.have opportunity to develop career in accordance with the requirements for quality improvement;

d.have legal protection in carrying out his/her duties and the rights to intellectual property;

e.have access to educational facilities, equipment and resources to enhance the effectiveness and efficiency of his/her work.

 

(2)Educators and educational personnel have the responsibility to:

a.create meaningful,  joyful, creative, dynamic, and mutually interactive education environment;

b.demonstrate professional commitment for the improvement of the quality of education;

c.be the role model and uphold the reputation of his/her institution, profession, and position in accordance with the trust deposited in him/her.

 

Article 41

(1)Educators and educational personnel can work across autonomous regions.

(2)The recruitment, placement, and deployment of educational personnel shall be regulated based on the demand of a formal education unit.

(3)The Government and Local Governments shall facilitate the work of units of education in getting educators and education personnel to ensure the implementation of good quality education program.

(4)The implementation of the provisions for educators and education personnel, set forth in verse (1), verse (2), and verse (3), shall be further stipulated by the Government Regulation.

 

Article 42

(1)An educator has to have minimum qualifications and be certified in accordance with his/her level of teaching responsibility; possess healthy body and mind; and acquire abilities to work for achieving the goals of national education.

(2)Educators for formal education, for early childhood education, basic education, secondary education, and higher education should be graduates from accredited higher education institutions.

(3)Criteria for qualifications of educators, set forth in verse (1) and verse (2) shall be further stipulated by the Government Regulation.

 

 

Article 43

 

(1)Promotion and recognition for educators and educational personnel are organized taking into consideration educational background, experience, abilities, and performance in the field of education.

(2)Program for certification of educators is organized by the higher education institutions which are authorized to provide accredited program.

(3)Criteria for promotion, recognition, and certification set forth in verse (1) and verse (2) shall be further stipulated by the Government Regulation.

 

 

Article 44

(1)The Government and Local Governments shall supervise and develop educational personnel in education units run by the Government and Local Governments.

(2)The community providing education shall supervise and develop educational personnel in education units under its control.

(3)The Government and Local Governments shall render assistance in the supervision and development of educational personnel in formal education units run by community

 

 

CHAPTER XII

EDUCATIONAL FACILITIES AND EQUIPMENT

 

Article 45

(1)Every formal and non-formal education unit shall provide educational facilities and equipment required in accordance with pedagogical criteria for learners’ development and growth for physical, intellectual, social, emotional and spiritual abilities.

(2)The criteria for providing educational facilities and equipment at all education unit set forth in verse (1) shall be further stipulated by the Government Regulation.

 

 

CHAPTER XIII

FINANCING OF EDUCATION

 

Part One

Responsibility for Financing

 

 

Article 46

(1)Financing of education shall be the shared-responsibility of the Government, Local Governments, and community.

(2)The Government and Local Governments shall mobilize the funding as stipulated in the 1945 Constitution of the Republic of Indonesia, Article 31, verse (4). 

(3)The implementation of the provisions for responsibility for financing of education, set forth in verse (1) and verse (2), shall be further stipulated by the Government Regulation.

 

Part Two

Sources of Education Funds

 

Article 47

(1)The source of education funds shall be determined, based on the principles of equality, adequacy, and sustainability.

(2)The Government, Local Governments, and community shall mobilize the educational resources available in accordance with regulations which are in force.

(3)The implementation of the provisions for sources of education funds, set forth in verse (1) and verse (2), shall be further stipulated by the Government Regulation.

 

Part Three

Educational Finance Management

 

Article 48

(1)The management of educational finance is based on the principles of equity, efficiency, transparency, and accountability.

(2)The implementation of the provision for educational finance management, set forth in verse (1), shall be further stipulated by the Government Regulation.

Part Four

Allocation of Funds

 

Article 49

 

(1)Education funds, excluding salary of educators and service education expenditure, are allocated at a minimum 20% of the National Budget (APBN) and a minimum of 20% of the Regional Budget (APBD).

(2)Salary of teachers and lecturers appointed by the Government are allocated by the National Budget (APBN).

(3)Education funds from the Government and Local Governments to units of education are in the form of a grant in accordance with the regulations, which are in force.

(4)Education funds from the Government to Local Governments are in the form of a grant in accordance with the regulations, which are in force.

(5)Guidelines of the allocation of education funds, set forth in verse (1), verse (2, verse (3), and verse (4), shall be further stipulated by the Government Regulation.

 

 

CHAPTER XIV

EDUCATION MANAGEMENT

 

Part One

General

 

Article 50

(1)The management of national education system is the responsibility of the Minister.

(2)The Government determines national policies and national standards for assuring the quality of national education.

(3)The Government and Local Governments organize at least a unit of education at all level of education, to be developed further as a unit having international standards of education.

(4)The Provincial governments organize the implementation of education, the development of education personnel, and facility for education implementation across regions/cities for basic education and secondary education.

(5)The District/City governments organize basic education and secondary education, and a unit of education which gives prominence to local-content based education.

(6)Higher education institutions can determine policy and have the autonomy in managing education units in their institutions.

(7)The implementation of the provisions for education management, set forth in verse (1), verse (2), verse (3), verse (4), verse (5), and verse (6), shall be further stipulated by the Government Regulation.

 

 

Article 51

 

(1)The management of early childhood, basic, and secondary education units shall be based on a minimum-educational service standard by applying principles of school/madrasah-based management.

(2)The management of higher education unit is based on the principles of autonomy, public accountability, quality assurance, and transparent evaluation.

(3)The implementation of the provisions for education unit, set forth in verse (1) and verse (2), shall be further stipulated by the Government Regulation.

 

 

Article 52

(1)The management of non-formal education unit shall be carried out by the Government, Local Governments, and/or community.

(2)The implementation of the provisions for non-formal education management, set forth in verse (1), shall be further stipulated by the Government Regulation.

 

 

Part Two

Legal Entities of Education

 

Article 53

(1)The formal education unit and/or formal education provider organized by the Government or community shall have the form of the legal entities of education.

(2)The legal entities of education set forth in verse (1) shall function to provide educational services to learners.

(3)The legal entities of education set forth in verse (1) shall be based on the principle of  non-profit organization and can manage funds needed for developing an education unit.

(4)The regulations of legal entities of education shall be further stipulated by a law, to be enacted by the Government.

 

CHAPTER XV

COMMUNITY PARTICIPATION IN EDUCATION

 

Part One

General

 

Article 54

 

(1)Community participation in education consists of individuals, groups, families, professional associations, private companies, and community organizations in the implementation and quality control of educational services.

(2)Community can participate as the source, executor and consumer of education outcomes.

(3)The implementation of the provisions for community participation in education, set forth in verse (1) and verse (2), shall be further stipulated by the Government Regulation.

 

Part Two

Community-Based Education

 

Article 55

(1)Community shall have the rights to provide community-based education at formal and non-formal education in accordance with the specific religion, social norms, and culture for the benefit of the community.

(2)Community-based education providers shall design and implement curriculum, evaluate and manage education programs and funds with reference to national education standards.

(3)The funds for the provision of community-based education can be from the provider, community, Government, Local Governments, and/or other sources, which are not in violation of the regulations that are in force.

(4)Community-based educational institutions shall receive technical assistance, subsidies, and other form of aids, which are fair and equitably from the Government and/or Local Governments.

(5)The implementation of the provisions for community-based education, set forth from verse (1), verse (2), verse (3), and verse (4), shall be further stipulated by the Government Regulation.

 

Part Three

Board of Education and School/Madrasah Committee

 

Article 56

(1)Community shall take part in the quality improvement of educational services, which include planning, monitoring, and evaluation of educational programs through Board of Education and School/madrasah Committee.

(2)Board of Education, as an independent body, is established and participates in the quality improvement of education by providing advices, directions and supports for personnel, facilities and equipment, and monitoring at national, provincial, and district/city levels, without hierarchical relationship.

(3)School Committee, as an independent body, shall be established to provide advices, directions and supports for personnel, facilities and equipment, and monitoring of a unit of education.

(4)The establishment of the provisions for Board of Education and the School/Madrasah Committee, set forth in verse (1), verse (2), and verse (3), shall be further stipulated by the Government Regulation.

 

CHAPTER XVI

EVALUATION, ACCREDITATION, AND CERTIFICATION

 

Part One

Evaluation

 

Article 57

 

(1)Evaluation shall be undertaken to monitor and control quality of education nationally as a form of public accountability of providers of education in relation to stakeholders.

(2)Evaluation shall be made of learners’ achievement, institutions, and education programs at formal education and non-formal education in all levels, units, and types of education.

 

Article 58

 

(1)Evaluation of learners achievement conducted by educators shall be made to monitor the process, progress, and to improve learners’ learning outcomes continually.

(2)Evaluation of learners achievement, of institutions, and of educational programs shall be conducted by independent bodies regularly, comprehensively, transparently, and systematically in order to assess the achievements of national education standards.

 

Article 59

 

(1)The Government and Local Governments shall carry out an evaluation of all education providers, units, streams, levels, and types of education.

(2)Community and/or professional organizations shall have the rights to set up an independent evaluation body to conduct an evaluation, set forth in Article 58.

(3)The implementation of the provisions for evaluation, set forth in verse (1) and verse (2), shall further be stipulated by the Government Regulation.

Part Two

Accreditation

 

Article 60

 

(1)Accreditation shall be undertaken to determine the feasibility of programs and education units for formal education and non-formal education at every level and type of education.

(2)Accreditation of a program and education unit shall be the responsibility of Government and/or independent authorities as a form of public accountability.

(3)Accreditation shall be based on criteria, which is transparent.

(4)The implementation of the provisions for accreditation, set forth in verse (1), verse (2), and verse (3), shall be further stipulated by the Government Regulation.

 

Part Three

Certification

 

Article 61

 

(1)Certification shall be in the form of diploma and certificate of competence.

(2)A diploma shall be awarded to a learner as recognition of the educational achievement and/or completion of a level of education after passing an examination conducted by an accredited unit of education.

(3)A certificate of competence shall be awarded by education providers and training centers to learners and to learners of community as trainees, as a recognition of the competence to do a particular job after passing a competency examination conducted by an accredited unit of education or a professional certification body.

(4)The implementation of the provisions for certification, set forth in verse (1), verse (2), and verse (3), shall be further stipulated by the Government Regulation.

 

 

CHAPTER XVII

CRITERIA FOR ESTABLISHMENT OF AN EDUCATIONAL UNIT

 

Article 62

 

(1)Every formal and non-formal education unit established has to have the Government or Local Governments’ license.

(2)The requirements for obtaining a license include educational contents, the number and qualification of the educators and educational personnel, educational facilities and equipment, educational funding, evaluation and certification systems, management and educational process.

(3)The Government and Local Governments can give and revoke licenses enabling the establishment of an educational unit in accordance with the regulations, which are in force.

(4)The implementation of the provisions for criteria for establishment of an educational unit, set forth in verse (1), verse (2), and verse (3), shall be further stipulated by the Government Regulation.

 

 

Article 63

 

An educational unit organized and carried out by the diplomatic mission of the Republic of Indonesia in a foreign country shall comply with this Law.

 

 

CHAPTER XVIII

PROVISION OF EDUCATION BY AN INSTITUTION OF FOREIGN COUNTRY

 

Article 64

An educational unit organized by the diplomatic mission of a foreign country in the territory of the Republic of Indonesia for learners of foreign citizens shall be able to use the provisions applicable in the country concerned, with the consent of the Government of the Republic of Indonesia.

 

 

Article 65

 

(1)An accredited or recognized foreign educational unit shall organize educational activities in the territory of the Republic of Indonesia complying with the regulations, which are in force.

(2)Foreign education institutions of basic and secondary education levels shall provide religion and civic education to Indonesian learners.

(3)The provision of foreign education programs shall work together with the Indonesian education institutions in the territory of the Republic of Indonesia by involving the Indonesian organizers and educators.

(4)Education activities using the educational system of a foreign country, carried out in the territory of the Republic of Indonesia, shall comply with the regulations, which are in force.

(5)The implementation of the provisions for education by an institution of foreign country, set forth from verse (1), verse (2), verse (3), and verse (4), shall be further stipulated by the Government Regulation.

 

 

CHAPTER XIX

SUPERVISION

 

Article 66

(1)Government, Local Governments, Board of Education, and School/madrasah Committee shall supervise the education implementation at all levels and types of education within their respective jurisdiction.

(2)The supervision set forth in verse (1) shall be carried out on basis of the principles of transparency and public accountability.

(3)The implementation of the provisions for supervision, set forth in verse (1), shall be further stipulated by the Government Regulation.

 

 

 

CHAPTER XX

LEGAL LIABILITIES

 

Article 67

(1)Individuals, organizations or education providers which confer diplomas, certificates of competence, academic, profession, and/or vocational and technical/diploma degrees without having the right to do so, shall be liable to imprisonment of up to ten years and/or to a maximum fine of Rp. 1,000,000,000.00 (one billion rupiahs).

(2)Providers of higher education institution ordered to be closed as set forth in Article 21 verse (5), which however continue to operate, shall be liable to imprisonment of up to ten years and/or to a maximum fine of Rp. 1,000,000,000.00 (one billion rupiahs).

(3)Education providers conferring a guru besar or title of professor, which is not in accordance with the regulations set forth in Article 23 verse (1), shall be liable to imprisonment of up to ten years and/or to a maximum fine of Rp. 1,000,000,000.00 (one billion rupiahs).

(4)Providers of distance education that do not meet the requirements set forth in Article 31 verse (3) shall be liable to imprisonment of up to ten years and/or to a maximum fine of Rp. 1,000,000,000.00 (one billion rupiahs).

 

 

Article 68

(1)Anyone assisting in conferring diplomas, certificates of competence, and academic, profession, and/or vocational and technical diplomas/degrees from a higher institution that does not meet the prescribed requirements, shall be liable to imprisonment of up to five years and/ to a maximum fine of Rp. 500,000,000.00 (five hundred million rupiahs).

(2)Anyone using a diploma, a certificate of competence, and academic, profession, and/or vocational and technical diploma/degree obtained from a unit of education that does not meet the prescribed requirements or an educational institution that is not a higher education institution, shall be liable to imprisonment of up to five years and/or to a maximum fine of Rp. 500,000,000.00 (five hundred million rupiahs).

(3)Anyone making use of an academic degree/title obtained  from any higher education institution as set forth in Article 21 verse (4), by giving it  different form or connotation, shall be liable to imprisonment of up to two years and/or to a maximum fine of Rp. 200,000,000.00 (two hundred million rupiahs).

(4)Anyone using a degree of guru besar (professor) obtained  from any higher education institution as set forth in Article 23 verse (1) and/or verse (2), by giving it  different form or connotation, shall be liable to imprisonment of up to five years and/or to a maximum fine of Rp. 500,000,000.00 (five hundred million rupiahs).

 

 

Article 69

(1)Anyone using a diploma, a certificate of competence, and academic, professional, and/or vocational and technical diploma/degree that is found to have been obtained fraudulently, shall be liable to imprisonment of up to five years and/or to a maximum fine of Rp. 500,000,000.00 (five hundred million rupiahs).

(2)Anyone using intentionally a diploma or certificate of competence, in contravention of provisions set forth in Article 61 verse (2) and verse (3), that is found to have been obtained fraudulently, shall be liable to imprisonment of up to five years and/or to a maximum fine of Rp. 500,000,000.00 (five hundred million rupiahs).

 

 

Article 70

A graduate whose academic works for obtaining degree set forth in Article 25 verse (2) is found to be a plagiarism, shall be liable to imprisonment of up to two years and/or to a maximum fine of Rp. 200,000,000.00 (two hundred million rupiahs).

 

Article 71

Providers of education  established without Government or local governments license, as set forth in Article 62 verse (1), shall be liable to imprisonment of up to ten years and/or to a maximum fine of Rp. 1,000,000,000.00 (one billion rupiahs).

 

CHAPTER XXI

TRANSITORY PROVISIONS

 

Article 72

Education providers and/or units of formal education which, at the time this Law comes into effect, are not legal entities, as stipulated in article 53, shall remain operational until such Law on legal entities of education is enacted.

 

Article 73

The Government and Local Governments shall provide, within two years from the day this Law comes into effect, the license to a unit of formal education.

 

 

Article 74

All regulations which have been made for the implementation of the provisions of Law Number 2 of the Year 1989 on National Education System (Official Gazette Year 1989 Number 6, Supplement Official Gazette Number 3390), existing at the time this Law comes into effect, shall still remain applicable as long as they do not run counter to the provisions of this Law and have not been replaced.

 

 

CHAPTER XXII

CLOSING PROVISIONS

 

Article 75

All regulations required for the implementation of this Act shall be completed no later than two years after this Law comes into force.

 

Article 76

 

At the time this Act comes into force, Act Number 48/Prp./1960 on Education Monitoring and Foreign Education (Official Gazette Year 1960 Number 155, Supplement Official Gazette Number 2103), and Law Number 2 of the Year 1989 on National Education System (Official Gazette Year 1989 Number 6, Supplement Gazette Number 3390) will become null and void.

 

 

 

 

Article 77

This Law shall come into effect on the date it is enacted.

 

In order to make this Law known to public, it will be published  imperatively in the Official Gazette of the Republic of Indonesia.

 

 

Enacted in Jakarta

On the 8 of July Year of 2003

 

PRESIDENT OF THE REPUBLIC OF INDONESIA

MEGAWATI SOEKARNOPUTRI

 

 

Promulgated in Jakarta

On the 8 of July Year of 2003

STATE SECRETARY TO THE REPUBLIC OF INDONESIA

 

BAMBANG KESOWO