Regulatory Region Number 9 In 2011

Original Language Title: Peraturan Daerah Nomor 9 Tahun 2011

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bda975ab10b9f7313634353237.html

MALUKU PROVINCIAL GOVERNMENT REGULATION 119 of the REGIONAL PROVINCE of MALUKU number: 09 year 2011 ABOUT COMPULSORY 12 (twelve) YEARS in MALUKU PROVINCE with the GRACE of GOD ALMIGHTY the MALUKU GOVERNOR, Considering: a. that the education is the intellectual efforts and improve the quality of human beings, which is a right of citizens and the responsibility of the joint Government, society and the family; b. that education is a right of every citizen should be uniformly implemented through a system of integrated; c. that the national education system must guarantee equitable opportunity gain a cheap education, improvement of quality and relevance in answering the demands of the changing life of the local, national, and global; d. that the compulsory 9 (nine) years in Maluku province has reached the minimum service Standards (SPM), then it needs to be upgraded into compulsory 12 (twelve) years;

120 e. that to improve the education of the people in Maluku province Indonesia need to extend the period of compulsory education up to 12 (twelve) years, the level of secondary education or the equivalent; f. that the development of human resources (HR) can contribute positively to increasing numbers the human development index (HDI); g. that based on considerations as referred to the letter a, letter b, letter c, letter d, letter e, letter f and need to set local regulations Maluku province about compulsory education 12 (twelve) years in Maluku province. Remember: 1. Act No. 20 of 1958 concerning the determination of the Emergency Law number 22 in 1957 about the formation of the Autonomous Region level I the Moluccas (Republik Indonesia Country Gazette 1958 Number 79, an additional Sheet of the Republic of Indonesia Number 1617); 2. 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); 3. Act No. 10 of 2004 concerning the formation of Legislation (State Gazette of the Republic of Indonesia Number 53 in 2004, an additional Sheet of the Republic of Indonesia Number 4398); 4. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437) 121 as amended several times with the Act No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 5. Act No. 33 of 2004 concerning the Financial Equalization between the Central Government and the regions (State Gazette of the Republic of Indonesia Number 126 in 2004, an additional Sheet of the Republic of Indonesia Number 4438); 6. Act No. 23 of 2002 on child protection (State Gazette of the Republic of Indonesia Number 109 in 2002, an additional Sheet of the Republic of Indonesia Number 4235); 7. Government Regulation Number 28 in 1990 about primary education (State Gazette of the Republic of Indonesia Number 36 in 1990, an additional Sheet of the Republic of Indonesia Number 3412); 8. Government Regulation Number 29 in 1990 about secondary education (State Gazette of the Republic of Indonesia Number 126 of 1990, an additional Sheet of the Republic of Indonesia Number 3391); 9. Government Regulation Number 72 in 1991 about Education (Gazette of the Republic of Indonesia Number 94 in 1991, an additional Sheet of the Republic of Indonesia Number 3460; 10. Government Regulation Number 73 in 1991 about outdoor education schools (Gazette of the Republic of Indonesia Number 95 in 1991, an additional Sheet of the Republic of Indonesia Number 3461;

122 11. Government Regulation Number 38 in 1992 about the Energy Education (Gazette of the Republic of Indonesia Number 68 in 1992, an additional Sheet of the Republic of Indonesia Number 3484; 12. Government Regulation Number 39 in 1992 about the role of the community in national education (Gazette of the Republic of Indonesia Number 69 of 1992, an additional Sheet of the Republic of Indonesia Number 3485; 13. 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 161; 14. Government Regulation Number 38 in 2007 about the authority of the Government and authorities of the Provinces as autonomous regions (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 15. Presidential Regulation number 7 in 2005 about National medium term development plan (RPJMN) 2004-2009; 16. 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; 17. Government Regulation Number 48 in 2008 about Education Funding (Gazette of the Republic of Indonesia Number 91 in 2008, an additional Sheet of the Republic of Indonesia Number 4864; 18. Applicable local Maluku province number 03 of 2007 on the establishment of the Organization and the Work of the Regional Office-Agency of the province of Maluku.

123 with the mutual agreement of the REGIONAL HOUSE of REPRESENTATIVES and the Governor of MALUKU PROVINCE MALUKU DECIDED: setting: LOCAL REGULATIONS MALUKU PROVINCE ABOUT COMPULSORY EDUCATION 12 (twelve) years old. CHAPTER I GENERAL PROVISIONS article 1 in regulation of this area is 1. The area is an area of Maluku province; 2. Local Government is the Governor and the Region as organizer of the local government; 3. The Governor is the Governor of Maluku province; 4. the PARLIAMENT is the House of representatives of the regional province of Maluku; 5. District/city governments hereafter kabupaten/kota is the element of district/city government organizers of Bupati/Walikota and device area district/city; 6. education was a conscious effort and planned to develop the potential of the students as a whole and that includes integrated cognitive domain, affective, and psychomotor; 7. Learners are individuals who develop their potential through learning process on line, level, and certain types of education; 8. The educator is a qualified local personnel as teachers, professors, counselors, teachers learn, widyaiswara, tutors, instructors, facilitators, and or other designations. that fits with his, as well as participate in organizing education; 9. Educational Personnel are members of the community who are devoted and appointed to support the Organization of education; 10. Secondary education stages are defined based on the level of development of the learners, the goal will be achieved, and capabilities developed;

124 11. The education unit of the education service is a group which organizes the education on the formal, non-formal, and informal at every level and type of education; 12. formal education is education which is structured and tiered, consisting of primary education, secondary education, and higher education; 13. non-formal Education is education outside of formal education can be implemented in a structured and tiered; 2. informal education is the education of the family and the environment; 15. Learning is the process of interaction with educators and learners learning resources in a learning environment; 4. Compulsory education minimum education program is to be followed by citizens of Indonesia, a company based in the province of Maluku over the responsibility of the Government and local authorities; 17. the compulsory education of twelve years is the minimum education program to be followed by citizens of Indonesia, a company based in the province of Maluku, aged 7 (seven) years up to 18 (eighteen) years of age upon the responsibility of the Government and local authorities; 18. education is organized in a democratic and equitable and not discriminatory education is intended to be carried out openly by observing the varying advice or opinions refers to the provisions applicable in the field of education unions and not distinguishing the learners based on cultural background, tribe, race, and gender. (listed on the explanation); 19. education is organized as one sistimatika does it mean Compulsory Education 12 (twelve) years residing in a unified system of national education which includes primary education 9 (nine) Years and education of 12 (twelve) years, where each citizen of Indonesia's Maluku province Mandatory attempt; 20. International Education is education which is organized with the use of national standards of education are enriched by scientific and technological progress in order to be able to compete and collaborate globally; 21. education is education based on the Islands-based system that is able to bring closer access to learners in a fair and equitable in accordance with the characteristics of the territory.


125 CHAPTER II OBJECTIVES and FUNCTIONS of the first part of the PURPOSE of article 2 of the compulsory education 12 (twelve) years aims to provide a minimum education for every citizen of Indonesia who was in Maluku province to be able to develop the potential for him to be able to live independently in the community or continuing education to a higher level. The second part of article 3 FUNCTIONS of the compulsory education 12 (twelve) years in Maluku province functioning seeking expansion and equitable opportunity gain quality education as a right for every citizen of Indonesia that tinsel in Maluku province. CHAPTER III SCOPE of ORGANIZATION of COMPULSORY EDUCATION of TWELVE YEARS of article 4 (1) the scope of conducting education in compulsory education 12 (twelve) years covering the nine-year basic education and secondary education and or equal. (2) Conducting education in compulsory education 12 (twelve) years were implemented through the formal and non formal education to achieve the goals of education national education standards. Article 5 (1) education was organized as a whole are systemic, open with context local, national, and global. (2) education was organized to develop potential learners according the demands of science, technology, and the arts. (3) education was organized by empowering all components of society through participation in the Organization of educational services and quality control.

126 CHAPTER IV PRINCIPLES of ORGANIZATION of COMPULSORY EDUCATION of TWELVE YEARS article 6 Education was organized on the basis of principles: a. the efficiency; b. Effectiveness; c. Democracy; d. Fairness; e. Equality; f. Multicultural; g. Transparency; h. Accountable; i. Resposibilitas; j. Example; k. Subsidiarity; b. Solidarity; m. Humanist. CHAPTER v. MANAGEMENT of article 7 (1) the coordination of the management of compulsory 12 (twelve) years at the provincial level to become the responsibility of Gubenur. (2) the management of compulsory 12 (twelve) years at a rate of Kabupaten/Kota becomes the responsibility of the Bupati/Walikota. (3) the management of compulsory units at the level of primary and secondary education became the responsibility of the leader of the unit of elementary and secondary education. CHAPTER VI COMPULSORY EDUCATION MANAGER WORKING LAYOUT was TWELVE YEARS of article 8 (1) in order to co-ordinate the management of compulsory education 12 (twelve) years, need to be established at the level of Coordination Team provincial/district/city. (2) a provincial Coordination Team was established by decision of the Governor, while the Coordination team of the Kabupaten/Kota Level is formed by the decision of the Bupati/Walikota.

127 (3) Team Coordination as referred to in paragraph (1), involving the elements Organizer Compulsory 12 (twelve) years in accordance with the levels. (4) the organizational structure of the duties and fungasi of Team Coordination is governed more by Regulation of the Governor. CHAPTER VII LIABILITY and OBLIGATION of GOVERNMENT Responsibilities article 9 (1) the Government and the local government is responsible for the entire process of Compulsory education is 12 (twelve) years old. (2) the Government and the local governments are responsible for controlling the quality of Compulsory education 12 (twelve) years old. (3) Government and local government responsible for the Compulsory alleviation 12 (twelve) years old. (4) the Government and the local government responsible for the establishment and implementation of the education system-based Islands. (5) the establishment and implementation of the education system-based Islands governed more by Regulation of the Governor. The obligations of article 10 (1) the Government and the local government is obliged to organise Compulsory education 12 (twelve) years evenly in Maluku province. (2) the Government and the local government is obliged to organise Compulsory education program 12 (twelve) years fit characteristics archipelago. (3) the Government and the local government is organizing at the lack of one unit of education at all levels of education to be developed into an international education unit. (4) Government and local government in the period of 5 (five) years compulsory education compulsory education complete 12 (twelve) years according the characteristics of the territory. (5) Government and local Government can give sanctions to members of the public who do not follow and or complete compulsory 12 (twelve) years in Maluku province.

128 (6) Government and local Government can give administrative sanctions to the organizers/educational units, if proven to provide certificate, Diploma to communities that do not traverse the learning process and or attended at one of the units of specific education. CHAPTER VIII, rights, RESPONSIBILITIES and OBLIGATIONS of COMMUNITY Liability article 11 Each responsible citizens against conduct of the Compulsory education of 12 (twelve) years old. The rights of article 12 (1) every citizen of the community aged 7 (seven) up to 18 (eighteen) years of age shall be entitled to obtain a Compulsory education of 12 (twelve) years old. (2) every citizens aged above 15 (fifteen) years and not pass are entitled to primary and secondary education completed his education until graduating in education non formal and informal. (3) the community has the right to: a. participate in the planning, implementation, monitoring and evaluation of holding of compulsory education; and b. Obtain the data and information about the Organization of compulsory education. The obligation of article 13 (1) every citizen of the community aged 7 (seven) up to 18 (eighteen) years of age is obliged to follow compulsory 12 (twelve) years old. (2) every citizen of the community who have school-aged children in paragraph (1), compulsory send his son. (3) every citizens aged above 15 (fifteen) years and have not passed the elementary and secondary education may be completed his education until graduating in education non formal and in formal.

129 (4) any educational institutions managed by the community compulsory together local Government supports the Organization of compulsory and completes 12 (twelve) years old. CHAPTER IX RIGHTS and RESPONSIBILITIES of STUDENTS Rights of article 14 (1) every learner is entitled to Compulsory education services 12 (twelve) years evenly, cheap and of good quality. (2) education services at the paragraph (1) should be adjusted with the talent, age, level of development, and capabilities. (3) any learners who have completed education at the level of certain lines and has the right to obtain a Certificate or other designation Study Completed. The obligation of article 13 (1) of each learners are required to complete Compulsory education 12 (twelve) years old. (2) every learner shall be obliged to maintain educational norms, the sustainability of the process of teaching and learning and educational success. CHAPTER X EDUCATORS and EDUCATIONAL POWER of article 16 (1) qualifications of educators and educational personnel appropriate education standards. (2) the process of Recruitment, Appointment, placement, and distribution of produce educators and educators based on the needs of the educational unit. (3) the provisions referred to in subsection (2) subject to the regulations of the Governor. (4) local governments in cooperation with educational institutions of Education Personnel (LPTK) to produce local educators and educational in a sufficient amount and quality as required.

130 (5) local governments working with the College to improve the qualifications and competence of educators and educational. CHAPTER XI and INFRASTRUCTURE article 17 (1) local government is obliged to set up facilities and infrastructure in accordance with the compulsory education requirements 12 (twelve) years based on the standards of education and infrastructure. (2) the public can participate helping government facilities and infrastructure for the provision of Compulsory education is 12 (twelve) years old. (3) Provisions regarding the provision of facilities and infrastructure of education in all units of education referred to in subsection (1) are defined more by Regulation of the Governor. CHAPTER XII FINANCING EDUCATION Financing responsibility for the first part of article 18 (1) the financing of education is the responsibility of the Government, local authorities, parents, and community. (2) local governments are responsible for providing the education budget at least 20 (twenty) percent of the total budget of income and Expenditure area (BUDGETS) in the current year. (3) the cost of operating on the units of primary and secondary education compulsory executor became the responsibility of the Government or local government authority in accordance respectively. The second source of Financing sources of financing article 19 Education education comes from the budget of the State Expenditures and Revenues (NATIONAL BUDGET), the budget of income and Expenditure area (NATIONAL) province and Kabupaten/Kota and the community.


131 third part of allocating the cost of Education article 20 (1) tuition fees in addition to the salaries of educators and education fees limited allocated a minimum of 20% (twenty percent) of the Budget of income and Expenditure area (NATIONAL) province and Kabupaten/Kota. (2) the provisions concerning the allocation of further education fees are set by regulation of the Governor. CHAPTER XIII SUPERVISION Article 21 (1) of the local Government of the province, Kabupaten/Kota to conduct surveillance over the Providence compulsory as well as related policy compulsory 12 (twelve) in its suit. (2) the Board of education and the Committee on school/madrasa conducting surveillance over the conduct of the programmes and mechanisms of compulsory execution of 12 (twelve) in its suit. Section 22 (1) Pemerintrah the area of the province carry out surveillance against compulsory penyelenggaraam 12 (twelve) years cross-district/city. (2) Pemerintrah Regional District/Municipality carry out surveillance against compulsory penyelenggaraam 12 (twelve) years on education unit which became those powers. CHAPTER XIV EVALUATION Article 23 (1) Pemerintrah the area of the province, Kabupaten/Kota doing the evaluation of the implementation of the compulsory education program is 12 (twelve) years periodically. (2) evaluation of the implementation of the compulsory education program is 12 (twelve) years referred to in subsection (1) at least include the following: a. the level of achievement of compulsory;

132 b. implementation of the curriculum; c. results of the learning learners; d. realization of the budget; e. technical implementation of the program. (3) the results of the evaluation as referred to in paragraph (1) and paragraph (2) reported to the Minister of national education and the effluent to the Governor of Maluku. (4) on the basis of the results of the evaluation as referred to in paragraph (3) the Minister of national education and the Governor of Moluccas do comprehensive evaluations to assess: a. Ketercapaian compulsory; b. progress is compulsory; and c. the obstacles the Organization of compulsory. CHAPTER XV of the CRIMINAL PROVISIONS of section 24 individuals, organizations or education providers that provide certificate, diploma without rights are convicted with imprisonment of not longer than ten years and/or a maximum fine of criminal Rp. 1,000,000,000 (one billion dollars). Article 25 (1) any person who helps to provide certificate, diploma of education units that meet the requirements are convicted with imprisonment not more than 5 (five) Years and/or a maximum fine of criminal Rp. 500.000.000,-(five hundred million rupiah). (2) any person who uses a certificate, a diploma of education unit which does not meet the requirements of the prison are convicted of not longer than 5 (five) years and/or a maximum fine of criminal Rp. 500.000.000,-(five hundred million rupiah). Article 26 any person who uses a certificate, a diploma that proved to be false are convicted with imprisonment not more than 5 (five) Years and/or a maximum fine of criminal Rp. 500.000.000,-(five hundred million rupiah).

133 CHAPTER XVI the PROVISIONS of article 27 of the regulation COVER this area comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of regulations in this Area with its placement in the piece area of Maluku province. Set in A m b o n on 07 February 2011 GOVERNOR of the Moluccas, Cap/KAREL ALBERT RALAHALU ttd Enacted in A m b o n on 07 February 2011 REGIONAL SECRETARY of the Moluccas, Cap/ttd Nn. ROSA FELISTAS FAR-FAR SHEET REGION of MALUKU PROVINCE in 2011 NUMBER 09 134 EXPLANATION of REGULATORY REGIONS of MALUKU PROVINCE number 09 in 2011 ABOUT COMPULSORY 12 (twelve) YEARS in MALUKU PROVINCE i. GENERAL Article 34 Act No. 20 of 2003 on The national education system stipulates that the Government and the local authorities guarantee this compulsory minimum level of basic education without charge. The Organization of compulsory basic education is part of the educational policy in Indonesia in achieving education for all (education for all). Furthermore, the Regulation Pemerinrtah Number 47 in 2008 about compulsory education, article 7 paragraph (4) local governments can set a policy to increase the level of education is compulsory until the secondary education and article 7 paragraph (5) local governments can regulate the further implementation of the programme of compulsory education, in accordance with the conditions of each area through the local regulations. In line with the success of the compulsory 9 (nine) years in Maluku province which has reached the minimum service standards (SPM), then it needs to be initiated into a compulsory 12 (twelve) years old. Compulsory education program was organized to provide elementary and secondary educational services seluasluasnya to citizens of Indonesia located in the province of Maluku islands without discriminating religious background, tribal, social, cultural, and economic. Every citizen of the Maluku community Compulsory age 7 (seven) up to 18 (eighteen) years of age are entitled to a quality education services and parent/guardian shall be obliged to give opportunities to their children to primary and secondary education.

135 compulsory organized in units of the elementary and secondary education on the formal education, non-formal, and informal and should be able to accommodate a normal child or berkelainan and have barriers. Regulation on compulsory education program includes the rights and obligations of a citizen of Indonesia in the province of Maluku, Keplauan the responsibility of the Government and the local government. The Organization of compulsory basic education achievements needs to be evaluated at least every three (3) years. As a form of public accountability, the public is entitled to data and information about the results of the evaluation of the conduct of the compulsory education program. Compulsory is a national movement in the province of Maluku islands administered by the Government, local governments, and communities. II. Article ARTICLE article 1: for the SAKE of Explanation in this article is, suggest to move the points 19 and 20 on general provisions. Article 2: self explanatory. Article 3: self explanatory. Article 4: self explanatory. Article 5: pretty self-explanatory. Article 6 (must be made absolutely clear against the sense of principle). Subsection (2): sufficiently clear. Paragraph (3): sufficiently clear. Paragraph (4): administrative Sanctions in this provision may be forced to let his son's actions follow a compulsory, temporary suspension or delay of service Governence.

136 article 7: pretty self-explanatory. Article 8 paragraph (1): sufficiently clear. Subsection (2): sufficiently clear. Paragraph (3): sufficiently clear. Paragraph (4): sufficiently clear. Subsection (5): administrative Sanctions in this provision may be forced to let his son's actions follow a compulsory, temporary suspension or delay of service Governence. Subsection (6): administrative Sanctions in this provision to the education providers that provide certificate, diploma to communities that do not traverse the learning process is the operational permit for the removal and closure of the Organization of the education besides a diploma that is used is not recognized keabsaannya and later will be processed in accordance with the applicable law. Article 9: meant by taking part in the implementation of responsible education compulsory education of twelve years by the public is participating, encouraging, securing the learners in the whole process. Article 10: self explanatory. Article 11: pretty self-explanatory. Article 12: self explanatory. Article 13: pretty self-explanatory.

137 Article 2: self explanatory. Article 3: self explanatory. Article 16: sufficiently clear. Article 17 paragraph (1): needs to be in control of government schools and private sector Article 18 paragraph (1): Need to reassert the explanation. Article 19: pretty self-explanatory. Article 20: pretty self-explanatory. Chapter 21: pretty self-explanatory. Article 22: pretty self-explanatory. ADDITIONAL SHEET NUMBER MALUKU PROVINCE AREA ....