LOCAL GOVERNMENT’S POLICIES IN REGULATING FOUNDATION-BASED UPPER SECONDARY EDUCATION

Abstract

Educational Foundation as public participation in implementing national education provides protection and warrant the achievement of national educational objectives based on 4th Amendment Article 31 of 1945 Constitution of Indonesia reinforced by Law No. 20/2003 and Law no. 28/2004 on Amendment to Law No. 16/2001. Nevertheless, the implementation of secondary education by foundations in Indonesia, especially in Cirebon faces obstacles such as low qualifications, unfulfilled educational goals, lacks of budget and requires a legal umbrella at the national level and local level. This study aims to: 1) explain the implementation of education by Yayasan Budi Arti Cirebon in legal perspective; and 2) the policy of the local government of Cirebon City as a legal umbrella at the local level in the implementation of upper secondary education by the community. This study uses normative legal research methods and interpret the law as a governance process to explain and analyze problems. The result of research shows that the implementation of secondary education by Budi Arti Foundation and Department of Education of Cirebon faces more complex problems after the enactment of Law Number 23 Year 2014 on Substitute Law Number 32 Year 2004 due to field unpreparedness in the responsibilities transition process, resulting in delays and miscoordination. This is particularly evident in the legal clash between Law no. 23/2014 with the Local Regulation and Mayor Regulation of Cirebon as legal umbrella at local level.