Regulation Of The Minister Of Education And Culture The Number 44 In 2012

Original Language Title: Peraturan Menteri Pendidikan dan Kebudayaan Nomor 44 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c5172e41b1093bf313233353433.html

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Back NEWS REPUBLIC of INDONESIA No. 665, 2012 REGULATION of the MINISTER of EDUCATION and CULTURE of the REPUBLIC of INDONESIA NUMBER 44 in 2012 ABOUT the COLLECTION and DONATION of EDUCATION COSTS at the UNIT of BASIC EDUCATION with the GRACE of GOD ALMIGHTY the MINISTER of EDUCATION and CULTURE of the REPUBLIC of INDONESIA, Considering: a. that the unit education non-profit and principled can manage funds independently to advance the educational units;
b. that the levy and/or donations in order to meet the responsibilities of students, parent/guardian, and/or the Community shall be based on the provisions of the legislation;
c. that in the regulation of the Minister of national education the number 60 in 2011 about the prohibition of Charges the costs of education At elementary and junior high school lies the flaws and yet accommodate the development needs of the educational unit, managed by society so needs to be replaced;
d. that based on considerations as referred to in letter a, letter b, letter c, and the need to set a regulation of the Minister of education and culture of the levy and the costs of education Donation in a unit of basic education;
Remember: 1. Act No. 20 of 2003 on the national education system (State Gazette of the Republic of Indonesia Number 78 in 2003, an additional Sheet of the Republic of Indonesia Number 4301);
2. Act No. 39 of 2008 of the Ministry of State (State Gazette of the Republic of Indonesia Number 166 in 2008, an additional Sheet of the Republic of Indonesia Nomor4916);
3. Government Regulation number 19 in 2005 about education standards (State Gazette of the Republic of Indonesia Number 41 in 2005, an additional Sheet of the Republic of Indonesia Number 4496) 4. Government Regulation Number 47 in 2008 about the compulsory education (State Gazette of the Republic of Indonesia Number 90 in 2008, an additional Sheet of the Republic of Indonesia Number 4863);
5. Government Regulation Number 48 in 2008 about funding education (State Gazette of the Republic of Indonesia Number 91 in 2008, an additional Sheet of the Republic of Indonesia Number 4864);
6. Government Regulation number 17 in 2010 about the management and organization of education (State Gazette of the Republic of Indonesia Number 23 in 2010, an additional Sheet of the Republic of Indonesia Number 5105) as amended by the Government Regulation Number 66 in 2010 about changes to the Government Regulation number 17 in 2010 about the management and organization of education (State Gazette of the Republic of Indonesia Number 112 in 2010, an additional Sheet of the Republic of Indonesia Number 5157);
7. Presidential regulation Number 47 in 2009 on the establishment of Ministries and organizations as it has several times changed the last presidential regulation Number 91 in 2011;
8. Presidential regulation Number 84/P in 2009 regarding the formation of a United Indonesia Cabinet II as amended Presidential Regulation number 59/P in 2011;
Decide: define: REGULATION of the MINISTER of EDUCATION and CULTURE of the LEVY and the COSTS OF EDUCATION DONATION in a UNIT of BASIC EDUCATION.

Article 1 In regulation of the Minister, that is: 1. The unit of basic education is the educational unit of the organizers of the compulsory primary education 9 (nine) years which covers elementary and junior high school including Outstanding elementary school, middle school, and secondary school First opened.
2. The levy is the acceptability study costs either in the form of money and/or goods/services on basic education units that come from the students or parents/guardians directly which is mandatory, binding, as well as the amount and period of pemungutannya is determined by the units of primary education.
3. Donation acceptance is good education costs in the form of money and/or goods/services provided by the student, parent/guardian, or any other institution to the individual units of basic education that is voluntary, not forced, not binding, and not determined by the number of units of the good basic education as well as the time period of his deed.
4. Funding of education is the provision of financial resources needed for the management of the unit of elementary education.
5. The cost of education is financial resources provided and/or the education unit cost for required, the cost of organizing and management of education, as well as the cost of private learners according legislation.
6. The Minister is the Minister of governmental affairs in the field of education and culture.
Article 2 the cost of a unit of education consists of: a. the cost of investment;

b. operating costs;

c. relief educational expenses; and d. scholarship.

Article 3 of the Education Funding comes from the Government, local governments, and communities.

Article 4 (1) of the education funding sources are determined based on the principle of fairness, adequacy, and sustainability.
(2) the principle of Justice as referred to in paragraph (1) means that the magnitude of the funding of education by the Government, local governments, and society adapted to the capabilities of each.
(3) the principle of adequacy referred to in paragraph (1) means that education funding is sufficient to finance the Organization of the education that meets national standards of education.
(4) the principle of sustainability as intended in paragraph (1) means that the funding of education can be used on an ongoing basis to provide education services that meet the education standards.
Article 5 the source of education on basic education units held by the Government and/or regional government: a. budget revenues and expenditures of the State;

b. income and budget shopping area;

c. contributions from learners or parent/guardian;

d. contributions from stakeholders outside basic education learners or parent/guardian;

e. help other institutions which are not binding;

f. foreign aid that is not binding; and/or other source g. valid.

Article 6 Education Resources on basic education units organized by the community: a. assistance from the organizers or the concerned education unit;

b. levy, and/or donations from students or parents/guardian;

c. assistance outside the community of learners or parent/guardian;

d. Government assistance;

e. local government assistance;

f. foreign aid that is not binding;

g. other institutions that aid is not binding;

h. business results the organizers or the unit of education; and/or other source i..

Article 7 (1) basic education Units organized societies, which are not developed into international standard can receive assistance from the Government of operating costs and/or local governments.
(2) In the event of a rejection of aid operational costs referred to in subsection (1), a unit of education prohibited the charging of learners or parent/guardian.
Article 8 (1) the levy performed by units of primary education organized by the community is obligated to meet the conditions as follows: a. based on investment planning and/or clear operation and poured in the strategic plan, the annual work plan, as well as the annual budget based on the national standards of education;
b. investment planning and/or operations referred to in letters a to be announced transparently to the educational units of the stakeholders especially parents/guardians of students, School Committee, and organizers of the unit of elementary education; c. dimusyawarahkan through school Committee meeting; and d. the funds obtained being published exclusively by basic education unit separate from the funds received from the organizers of the unit of elementary education and is stored in an account in the name of the unit of elementary education.
(2) the levy should be used according to the provisions referred to in subsection (1) grains of b, and at least 20% (twenty percent) of the total funds levy learners or parent/guardian is used to increase the quality of education.
Article 9 (1) the units of primary education organized by the Government, and/or local governments are prohibited from charging unit of education.
(2) basic education Units organized by the community who get government assistance and/or local governments on the school year running, can charge education which used only to meet the shortage of investment costs and operating costs.
(3) the units of primary education organized by the community who are not getting Government assistance and/or local governments on the school year running, can cost educational unit picks up.
(4) the levy referred to in subsection (2) and paragraph (3) in accordance with the principles referred to in article 4 paragraph (2).
Article 10 (1) units of primary education organized by the Government or local governments developed/international can be initiated charging unit of education and is used only to meet the shortage of investment costs and operating costs are obtained from the Government and/or local authorities.
(2) basic education Units organized by the society that developed into an international one/who get government assistance and/or local governments can charge tuition fees to meet the shortage of investment costs and operating costs.
(3) the units of primary education organized by the society that developed into an international recognized/not getting Government assistance and/or local governments can charge tuition fees to meet the needs of the unit costs of education.
(4) the levy referred to in subsection (1), subsection (2), and subsection (3) in accordance with the principles referred to in article 4 paragraph (2).

Article 11 the levy should not be: a. done to learners or parent/guardian who cannot afford economically;
b. associated with the academic requirements for admission students, learning outcomes assessment of learners, and/or graduation of learners from education unit; and/or c. used for the welfare of members of the school Committee or stakeholder representation agency unit of education either directly or indirectly.
Article 12 (1) of the community outside of the organisers and the units of primary education established the society, as well as learners or parent/guardian may make a contribution to the education of basic education units.
(2) basic education Units can receive donations.
(3) the Contribution referred to in subsection (2) is used to meet the shortage of education units costs.
Article 13 (1) the Minister may cancel the charges and/or donations if the organisers and/or units education violates regulations or rated troubling society.
(2) a local government may cancel its appropriate charges and/or donations if the organisers and/or units education violates regulations or rated troubling society.
Article 14 (1) the collection, storage, and use of the Fund levy reported and transparently accountable to the stakeholders of education especially parents/carers learners, School Committee, and organizers of the unit of elementary education.
(2) the collection, storage, and use of the funds donated are reported in a transparent and accountable to the stakeholders of education especially parents/carers learners, School Committee, and organizers of the unit of elementary education.
Article 15 (1) of the education unit of donations received during one school year exceed Usd 5,000,000,000.00 (five billion rupiah), audited by a public accountant and the result auditnya posted transparently in the national print media.
(2) the Minister, Governor, Bupati/Walikota or designated officials to conduct surveillance against its appropriate collection, storage, and use of charges and donations in accordance with the provisions of the legislation.
Article 16 (1) of the basic education units have done a levy contrary to this ministerial regulation must return fully to the participant students/parents/guardians of students.
(2) violation of the provisions in the regulations the Minister is penalized in accordance with the legislation.
Article 17 upon this Ministerial Regulation entered into force, the regulation of the Minister of education and culture the number 60 in 2011 about the prohibition of Charges the costs of education At elementary and junior high school (news of the Republic of Indonesia number 19 year 2012), repealed and declared inapplicable.

Article 18 this Ministerial Regulation comes into force on the date specified.

In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.

Established in Jakarta on June 28, 2012, MINISTER of EDUCATION and CULTURE of the REPUBLIC of INDONESIA, MOHAMMAD NUH Enacted in Jakarta on June 29, 2012, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();