Socialization of ?Legally Formed Educational Institution? by LKBH UPH

Left photo: (left-right) Jamin Ginting, SH., MH., Chairman LKBH UPH, Muslikh, SH., Head of Development of Legal Aid Bill and I Law and Organization Bureau Ministry of National Education, Pdt. Jack Ospara, M.Th., Member and Chairman of DPD RI Division III Christian Education Council (MPK), and Christine Susanti, SH. M.Hum

Lippo Village, 8 February 2010 ? The implementation of Act No. 9 of 2009 about Legally formed Educational Institution (Badan Hukum Pendidikan ? BHP) on formal educational institutions in Indonesia ? as the implications of Act No. 20 of 2003 on National Education System ? is still not clear to society, especially to educational community.

As a form of public awareness, in order to anticipate this government?s regulation, UPH FH LKBH  (UPH Law Faculty ? Legal Consultation & Aid Center) in cooperation with the Christian Education Council (Majelis Pendidikan Kristen ? MPK) in Indonesia, and the National Education Department held a legal seminar on UPH campus, Monday (8 / 2). They invited educational foundations and schools in Greater Jakarta, providing thorough information about the making of BHP and its implications for the organizers.

There were three experts as the sources: Muslikh, SH. ? Head of  Penyusunan RUU dan Bantuan Hukum I Biro Hukum & Organisasi Depdiknas (Legal Bills & Aid I, Law and Organization Bureau, National Education Department), Pdt. Jack Ospara, M.Th. ? member of DPD RI and Chairman of Division III Christian Education Council (MPK), and Jamin Ginting, SH., MH. ? Chairman LKBH UPH.

This legal seminar was based on the ambiguity faced by educational institutions as a result of BHP?s implementation. According to Jamin Ginting, speaker and head of committee, educational organizations today are demanded to be more professional, independent and able to provide qualified education. On the other hand, the national education system stipulated by the government demands non-profit educational practices ? as stated in Article 4 point (1) in related to Article 38 point (3) of Act No.9 of 2009 about BHP. Thus, a lack of understanding about educational governance in accordance to BHP Act, was also a reason of realizing this event.

BHP may increase the quality of education in Indonesia

According to Muslikh, our government has given efforts to socialize BHP Act to the community, however they might still do the ?wait and see? act towards a Constitutional Court’s (Mahkamah Konstitusi ? MK) decision in relation to Judicial Review submitted by several Associations and Institutions about Act No.9 of 2009. Ever since BHP Law was put in effect on January 16, 2009, Muslikh admitted that there hasn?t been any proposals at all to form BHP.

Meanwhile, according to Ospara, private schools, especially those under the umbrella of MPK, are still questioning BHP Law. “Especially educational foundations that were established long ago, and now would have to adjust their governances. That is really hard for them. Because of that, MPK has also submitted a Judicial Review to MK, “explained Ospara.

According to him, there are two scenarios that could be done by MPK. The first is for foundations, associations, Christian educational institutions to directly form BHP according to the law if they can not adapt themselves to Act No. 16 of 2001 about foundations, and Act No. 28 of 2003. Secondly, for those who have adjusted to the Law accordingly, would only need to change their governance. “We’re still waiting for the decision from the MK,” said Ospara.

Jamin Ginting agreed upon the second scenario. However, he also warned the foundations, associations, or similar legal entities that have not adopted the BHP regulation, to carefully consider the grace period by the government, which is until January 16, 2015.

The three sources agreed on the fact that if BHP is implemented properly, it can improve the quality of education in Indonesia. “The positive benefit from BHP?s implementation is to strengthen the autonomy of education units or schools, so they can be more innovative and creative,” said Muslikh. A clear example is what happened in public schools. They didn?t dare to innovate yet, because often times they are in conflicts with regional department heads, or there were problems with the school expenses versus the state finance regulation. Therefore, with BHP, public schools with more understanding of it were beginning to improve, he said.

BHP is expected to guarantee the credibility of education practices. “Operating license will be granted if the educational facilities are good. The operational costs are available, and the educators are provided. Thus, no more permits will be given for schools operating in ruko (house-store) “added Muslikh. (ros)