STATE NEWS
REPUBLIC OF INDONESIA
MINISTRY OF EDUCATION AND CULTURE MINISTER
REPUBLIC OF INDONESIA
No. 44 YEAR 2012
ABOUT
LEVY AND DONATION OF EDUCATION EXPENSES
ON THE BASIC EDUCATION UNIT
WITH THE GRACE OF THE ALMIGHTY GOD
MINISTER FOR EDUCATION AND CULTURE OF THE REPUBLIC OF INDONESIA,
Weigh: a. that the educational unit is a non-profit and can manage funds independently to advance the education unit;
B. that the levy and/or donation in order to fulfill the responsibility of the learnant, the person/her guardian, and/or the public should be based on the provisions of the laws;
c. that in the Regulation of the Minister of National Education Number 60 of 2011 on the Prohibition of the Cost of Education At Primary School and the First Intermediate School there is a shortage and has not yet accommodated the development of the needs of the education unit managed by the public so it needs to be replaced
D. that based on the consideration of the letter a, the letter b, and the letter c, need to establish the Minister of Education and Culture Regulation on the levy and the Cost of Education of the Basic Education Unit;
Remembering: 1. Act No. 20 of 2003 on National Education System (State Sheet of Indonesia Year 2003 Number 78, Additional Gazette Republic of Indonesia Number 4301);
2. Law No. 39 of 2008 concerning the Ministry of State (State Sheet of the Republic of Indonesia 2008 No. 166, Additional Sheet of State of the Republic of Indonesia Nomor4916);
3. Government Regulation No. 19 Year 2005 on National Standards of Education (State Sheet of the Republic of Indonesia 2005 Number 41, Additional Gazette Republic of Indonesia Number 4496)
4. Government Regulation No. 47 of 2008 on Compulsory Study (State Sheet Of The Republic Of Indonesia 2008 Number 90, Additional Sheet Of State Republic Indonesia Number 4863);
5. Government Regulation No. 48 Year 2008 on Educational Financing (State Sheet of the Republic of Indonesia 2008 Number 91, Additional Gazette Republic of Indonesia Number 4864);
6. Government Regulation No. 17 Year 2010 on Management and Hosting Education (State Gazette 2010 Number 23, Additional Gazette Republic of Indonesia No. 5105) as amended by Regulation. Government Number 66 of 2010 on the Change of Government Regulation No. 17 Year 2010 on Management and Hosting Education (sheet State Of The Republic Of Indonesia In 2010 Number 112, Additional Sheet Of State Republic Indonesia Number 5157);
7. Presidential Regulation No. 47 of 2009 on the Establishment and Organization of the Ministry of State as it has been several times amended last with the Presidential Regulation Number 91 of 2011;
8. Presidential Regulation No. 84 /P Year 2009 regarding the Establishment of the United Indonesia Cabinet II as amended by the Presidential Regulation Number 59 /P of the Year 2011;
DECIDED:
SET: THE EDUCATION AND CULTURE MINISTER ' S REGULATIONS ON LEVIES AND THE DONATION OF EDUCATION FEES ON THE BASIC EDUCATION UNIT.
Section 1
In Regulation of this Minister, referred to by:
1. Basic education unit is the educational unit of organizing program compulsory education of elementary education 9 (nine) years including Primary School and First Secondary School including Outstanding Elementary School, Outstanding First Secondary School, And the First High School Open.
2. Plevy is the receipt of the education fee either of the money and/or barang/services on the base education unit that are derived from the learnperson or parent/guardian directly that is mandatory, binding, as well as the amount and term of the time. The solution is determined by the basic education unit.
3. The following is the receipt of the tuition fee either of money and/or barber/services provided by a learnperson, persons/guardians, individuals or other institutions to the basic voluntary education unit, not force, no. binding, and not determined by the base education unit both the amount and the length of its given time.
4. The funding of education is the provision of financial resources required for the management of basic education units.
5. The cost of education is the financial resources provided and/or necessary for the costs of the unit of education, the cost of hosting and managing the education, as well as the personal expenses of the leared participant in accordance with the laws.
6. The Minister is the minister who handles government affairs in the fields of education and culture.
Section 2
The cost of the education unit consists of:
a. investment costs;
B. operation cost;
c. help costs education; and
D. scholarship.
Section 3
Education funding is sourced from the Government, local governments, and the public.
Section 4
(1) Education funding sources are determined based on the principle of fairness, adequates, and sustainability.
(2) The principle of justice as referred to in paragraph (1) means that the magnitude of educational funding by the Government, local government, and society are adapted to their respective abilities.
(3) The principle of adequation as referred to in paragraph (1) means that education funding is sufficient to finance the hosting of education that meets the National Standards of Education.
(4) The principle of sustainability as referred to in paragraph (1) means that education funding can be used continuously to provide educational services that meet the National Standards of Education.
Section 5
The source of the education fee on the primary education unit hosted by the Government and/or local government:
a. the country ' s income and shopping budget;
B. regional income and shopping budgets;
c. a donation from a learer or a person/walin;
D. donation of primary education stakeholders outside of the educated participants or the person/walgill;
e. Other non-binding agency assistance;
f. non-binding foreign aid; and/or
G. Another valid source.
Section 6
The source of the education fee on the basic education unit organized by the public:
a. help from the organizer or the education unit concerned;
B. levies, and/or donations from the educated participants or the person/their wals/persons;
c. help from the community outside of the educated participants or the person/walyn;
D. Government assistance;
e. local government assistance;
f. non-binding foreign aid;
G. the assistance of other non-binding agencies;
h. the organizer ' s work or the education unit; and/or
i. Another valid source.
Section 7
(1) The basic education unit organized by the public, which is not developed into international fates can receive the assistance of operational costs from the Government and/or local government.
(2) In the event of a rejection of the assistance of an operational charge as referred to in paragraph (1), the unit of education is prohibited from collecting such charges from the learer or the person/walt/guardian.
Section 8
(1) The levies conducted by the primary education unit organized by the people are required to meet the provisions as follows:
a. based on clear investment planning and/or operations and is poured in strategic plans, annual work plans, as well as annual budgets referring to the National Standards of Education;
B. investment planning and/or operations as referred to in the letter a was announced transparently to the stakeholders of the educational unit especially the parents/guardians of the educated participants, the school committee, and the organizers of the basic education unit;
c. deliberation through the school committee meeting; and
D. The funds obtained were made in particular by a separate base education unit of the funds received from the organizers of the base education unit and stored in the account on behalf of the base education unit.
(2) The levy must be used according to the terms referred to in paragraph (1) of the grain b, and at least 20% (twenty percent) of the total levy of the educated participant or the parent/guardian is used for the improvement of the quality of education.
Section 9
(1) Basic education units organized by the Government, and/or local governments are prohibited from collecting the costs of education units.
(2) Basic education units organized by the public who obtain Government and/or local government assistance in the running school year, can levy the education used only to meet the shortage of investment costs And operating costs.
(3) Basic education units organized by the public who are not getting the help of the Government and/or local government in the school year running, can levy the cost of education units.
(4) The levy is as referred to in verse (2) and verse (3) in accordance with the principle of justice as referred to in Article 4 of the paragraph (2).
Section 10
(1) Basic education units organized by the Government or local government developed/established to be an international degree may levy the costs of education units and be used only to meet the shortage of investment costs and operating costs obtained from the Government and/or local government.
(2) Basic education units organized by a developed/established international with an international degree of support for the Government and/or local governments may levy education fees to meet the cost shortfall. investment and operating costs.
(3) Basic education units organized by a developed/established international with an international degree that does not get the help of the Government and/or local governments may levy education fees to meet the needs of the local government. Education unit costs.
(4) The levy as referred to in paragraph (1), paragraph (2), and verse (3) in accordance with the principle of fairness as referred to in Article 4 of the paragraph (2).
Section 11
The levy should not be:
a. performed to learers or parents/her guardians who are not economically able;
B. associated with the academic requirements for the admission of learers, the assessment of the results of the study of the learers, and/or the graduation of the learer from the educational unit; and/or
c. used for the welfare of a member of the school committee or the institution of representation of the educational unit stakeholders both directly or indirectly.
Section 12
(1) The public outside of the organizers and the basic educational units established by the community, as well as the educated participants or their parents/wallaas can provide educational donations to the basic education unit.
(2) Basic education units may receive donations.
(3) The stumps as referred to in verse (2) are used to meet the shortage of educational unit costs.
Section 13
(1) The Minister may cancel the levy and/or donation if the organizer and/or the education unit violates the laws or is assessed as troubling the community.
(2) The local government in accordance with its authority may cancel the levy and/or donation if the organizer and/or the education unit violates the laws or is assessed as troubling the community.
Section 14
(1) The collection, storage, and use of levies are reported and accounted for transparently to the educational stakeholders especially the parents/guardians of the educated participants, the school committee, and the organizers of the basic education unit.
(2) The collection, storage, and use of donation funds are reported and accounted for transparently to the educational stakeholders especially the parents/guardians of the educated participants, the school committee, and the organizers of the basic education unit.
Section 15
(1) The donation of an education unit for one year of the school exceeds Rp 5.000.000.00 (five billion rupiah), audited by public accountants and its audits are announced in a transparent way in the national-scale print media.
(2) the Minister, Governor, Regent/Mayor or the appointed official pursuant to his authority on the supervision of the collection, storage, and use of levies and donations in accordance with the provisions of the laws.
Section 16
(1) For the basic education units that have levies in conflict with the Regulation of this Minister must restore fully to the learn/person of the learn/guardian learnperson.
(2) The violation of the provisions in the Regulation of the Minister is subject to sanction in accordance with the laws.
Section 17
At the time the Ordinance of the Minister came into force, the Regulation of the Minister of Education and Culture Number 60 of 2011 on the Prohibition of the Cost of Education of the Primary School and the First High School (the State News of the Republic of Indonesia 2012 No. 19), revoked and declared not valid.
Section 18
The Minister ' s rules are beginning to apply at the set date.
In order for everyone to know it, order the invitational of the Minister's Regulation with its placement in the News of the Republic of Indonesia.
Set in Jakarta
on June 28, 2012
MINISTER OF EDUCATION AND CULTURE
REPUBLIC OF INDONESIA,
MOHAMMAD NOAH
Promulgated in Jakarta
On June 29, 2012
MINISTER FOR LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
