Regulation Of The Minister Of Education And Culture Number 48 By 2013

Original Language Title: Peraturan Menteri Pendidikan dan Kebudayaan Nomor 48 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51730d3aa0906f313233353433.html

BN 597-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 597, 2013 the MINISTRY of EDUCATION and CULTURE. The Academy Community. Education. Permission. REGULATION of the MINISTER of EDUCATION and CULTURE of the REPUBLIC of INDONESIA NUMBER 48 by 2013 REGARDING the ESTABLISHMENT, alteration, and REVOCATION of the ACADEMY COMMUNITY with the GRACE of GOD ALMIGHTY the MINISTER of EDUCATION and CULTURE of the REPUBLIC of INDONESIA, Considering: a. that in order fulfillment needs skilled and competent human resources who have higher education qualifications, the need to broaden the education of students in accordance with their potential and excellence of the region;
b. that, in order to speed up and expand equitable access to higher education through the Academy community, need to set guide the establishment, alteration, and revocation of the Academy community;
c. that based on considerations as referred to in letter a and letter b needs to set a regulation of the Minister of education and culture of the establishment, alteration, and Revocation of the Academy Community;
Remember: 1. Act No. 12 year 2012 of Pendi-her unborn high (State Gazette of the Republic of Indonesia Number 158 in 2012, an additional Sheet of the Republic of Indonesia Number 5336);
2. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries as amended last presidential regulation Number 91 in 2011;
3. Presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties, and functions of the Echelon I Ministries as amended Presidential regulation Number 67 in 2010 about changes to the presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties, and functions of the Echelon I Ministries;
4. Presidential Decree Number 83/P in 2009 regarding the formation of a United Indonesia Cabinet II as amended last by presidential decree number 5/P by 2013;
Decide: define: REGULATION of the MINISTER of EDUCATION and CULTURE of the REPUBLIC of INDONESIA CONCERNING the ESTABLISHMENT, alteration, and REVOCATION of the ACADEMY community.
CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Minister, is: 1. Community Academy is a college-level education students which organizes diplomas one diploma and/or two in one or several branches of science and/or technology specific local advantages based or to meet special needs. 2. The establishment of the Academy community is the process of the formation of the Academy community by organizers.
3. Change the Academy community is the process of granting permission to the organizers of the Academy community to do a name change, change location, change or diversion of organizers, merging, and/or breaking of the Academy community.
4. Revocation of the Academy community is the withdrawal of approval of the establishment of the Academy community organized by the society which had been granted by the Minister.
5. Study Program is a program that includes the unity of learning plans as a guideline of organizing education organized on the basis of a curriculum as well as intended so that learners can master the knowledge, skills, and attitudes in accordance with the objectives of the curriculum.
6. Learning is the process of student interaction with lecturers, instructors and learning resources on the learning environment of the Academy community. 7. National standards of higher education is the minimal criteria about the Organization of higher education.
8. The curriculum is a set of plans and arrangements concerning the objectives, content, and materials, as well as ways that are used as guidelines for learning activities to achieve the goal of education.
9. The Statute was the basis of the management regulations of the Academy community are used as a foundation for preparing the operational rules and procedures in the Academy community.
10. The organization of the profession is a collection of community members who carry certain professions incorporated law and nonprofit.
11. The perpetrators of the attempt is a person an individual and/or business entity, whether incorporated or not incorporated law law, which performs activities by exerting energy and thoughts to achieve a goal seeking profit.
12. Legal entities organizers is the Foundation, Assembly, or other legal entity similar principled non-profit in accordance with legislation. 13. the Minister is the Minister of the organizing Affairs of the Government in the field of education.

14. The Ministry is the Ministry of education and culture.

15. the Directorate is the Directorate General of higher education at the Ministry of education and culture.

16. The Director-General is the Director General of higher education at the Ministry of education and culture.

Article 2 Purpose: a. Community Academy organizes students in Education Diploma 1 and/or 2 Diploma program at the district/city based local advantages or to meet special needs; b. expand access and equity in higher education; and c.  improve the competence of human resources to meet the skilled business world and/or industry.

Article 3 Principles: a. the Community Academy-based local advantages;

b. the development of competency-based entrepreneurship;

c. flexibility and dynamics study program;

d. modular and credit transfer;

e. personal and social skills;

f. lifelong learning.
Article 4 (1) of the Academy community can be organized on the basis of agreement between: a. the joint Ministry of local government with the business world, and/or industry; or b. the community with the business world and/or industry.
(2) the Ministry together with the local authorities as referred to in paragraph (1) letter a should make cooperation agreement which at least contains the rights and obligations regarding: a. facilities and infrastructure;

b. human resources; and c. the funding.
(3) the community as referred to in paragraph (1) letter b whether individuals or business entities incorporated Community Academy can organise law by establishing legal entities organizers.

Article 5 the Government and/or regional governments can provide incentives to the people who founded the Academy community especially in the outermost regions, leading, lagging and appropriate legislation.

CHAPTER II ESTABLISHMENT of the COMMUNITY ACADEMY article 6 (1) of the Academy community organizing at least one (1) course of study.
(2) the Organization of the courses referred to in subsection (1) may be suspended, closed, or replaced with new courses to suit your needs.
Article 7 (1) the proposal of the establishment of the Academy community should include the following documents: a. the feasibility study;

b. the draft statute;

c. draft academic programs;

d. the draft strategic plan;

e. design of internal quality assurance system; and f.  the cooperation agreement referred to in article 4.
(2) Community Academy founded by the Ministry, in addition to the need to include the document as referred to in paragraph (1), must include a draft order of the organization.
(3) the feasibility study referred to in paragraph (1) letter a at least contain: a. name, domicile, as well as the name of the organizer of the Academy community;
b. background of the establishment of the Academy community: 1. the importance of the establishment of the Academy community for kabupaten/kota is demonstrated through the analysis of advantages of the area and analysis of strengths, weaknesses, opportunities, and threats; 2. the needs of the community will be skilled which have the competence that is indispensable in the area; and 3. the commitment of the Government of the district/city or governing body in founding the Academy community, indicated by a written statement of the bupati/walikota or governing body; c. vision, mission, goals, and objectives of the Academy community;

d. the courses will be held;
e. qualification and competence of graduates of the Academy community required by the district/city or the business world and the industrial world's least for a span of 5 (five) years of the first;
f. Organization of the Academy community and institutions supporting educational activities, research and community services, as well as administration and other technical devices such as laboratories, workshops, and libraries; g. professors, instructors, and educational personnel in accordance with national standard of higher education;
h. projection source of funding and financing Community Academy, as well as a guarantee of the sustainability of the financing of the Academy community, indicated by the presence of investment funds, the Fund's operations, cash flow projections and at least for a period of three (3) years; i. infrastructure in the form of land to be used for the Academy community fit the characteristics of the course of study;

j. means physical facilities that will be used to match the characteristics of the Community Academy program of study;
k. proportion planning provision of resources between the parties made an agreement of cooperation in the establishment and development of a Community Academy for 5 (five) years.
(4) the draft statute as intended in paragraph (1) letter b at least contain: a. General provisions;

b. identity;

c. vision, mission, and goals of the College;

d. Organization of the system of higher education;

e. management system of higher education;

f. internal quality assurance system;

g. form, sort, and the procedures for the determination of the regulations;

h. transitional provisions; and i.  the provisions cover.
(5) the draft academic programme as referred to in paragraph (2) Letter c, at least contain: a. the vision and mission of the proposed course of study;

b. the competency-based curriculum;

c. competence of graduates and certification;

d. learning resources;

e. professors, instructors, and educational personnel; and f.  financing.

(6) the draft strategic plan as referred to in paragraph (1) letter d contains about the strategic policy of the Academy community, performance indicators and management of funds and sources of financing.
(7) design of internal quality assurance systems of the Academy community as referred to in paragraph (1) letter e contains the internal quality assurance systems in the field of academic and non-academic.
(8) the agreement referred to in subsection (1) letter f, at least contain: a. title of the Treaty;

b. background of the cooperation;
c. contents of the agreement, at least set about: 1. the aim of cooperation;

2. period of agreement;

3. Financing and budget support; and 4. the provision and use of facilities and infrastructure. d. the conclusion.
(9) the draft order of the organization referred to in paragraph (2) contains: a. the organization structure, at least consist of: 1. Director;

2. one (1) Deputy Director;

3. one (1) head of the Subsections. b. Mechanisms working relationship between organizational units.
(10) The addition of the organizational structure referred to in subsection (9) letter a is performed in accordance with the needs and workload.
(11) The substance and the sort of substance of the statute referred to in paragraph (1) letter b adapted to the needs of the Academy community.
Article 8 (1) the procedure for the establishment of the Academy community shared by the ministries of the Government district/city: a. the Government district/city: 1. feasibility studies;

2. the draft statute;

3. the design of the academic program;

4. the draft strategic plan;

5. the design of internal quality assurance system;

6. the draft organizational arrangement; and 7. draft agreement between the joint Government Ministry district/city with businessmen.
b. the Government of the district/city delivered a proposal to the Minister the establishment by attaching the draft referred to in letter a number from 1 up to 7 numbers through the Director-General;
c. General Director for and on behalf of the Minister of doing evaluation and verification against the proposal referred to the letter b and pass on the proposal of the establishment of the Academy community to the Minister for approval;
d. after the Minister gives approval: 1. Minister of asking for the approval of establishments to the Minister for Administrative Affairs wing State apparatus by attaching the manuscript contains: a) the background of establishment;

b) resources;

c) design development; and d) Organization.
2. the approval referred to in subparagraph d 1, the Minister set the establishment and organization of the Academy community.
(2) after the determination referred to in subsection (1) letter d number 2, the Academy community organized by the new Ministry is entitled to organize its activities.
Article 9 (1) the procedure for the establishment of the Academy community organized by the community as follows: a. the organizers devised a legal entity: 1. feasibility studies;

2. the draft statute;

3. the design of the academic program;

4. the draft strategic plan; and 5. the design of internal quality assurance system.
b. legal entities the organisers delivered a proposal to the Minister through the establishment of a Director General by attaching the draft referred to in letter a number 1 to number 5.
c. the proposal as stated on the letter b comes with: 1. a notary deed of establishment legal entities organizers;

2. the passage of legal entities organizers as a legal entity of an authorized officer;
3. proof of financial condition or organizer of legal entity financial statements legal entities legal entities when organizers of the organizers has been operating more than 1 (one) year;
4. leasehold land to be used for the Academy community higher education National standards; 5. affidavit of graduates to graduate; and 6.  News events and a list of the present meeting of legal entities regarding the establishment of the Academy community organizers.
d. Director General for and on behalf of the Minister of doing evaluation and verification as well as giving assent upon the proposal of the establishment of the Academy community who meet the requirements; e. General Director for and on behalf of the Minister set permissions of the establishment of the Academy community;
f. after the Director-General set the permissions as stated on the letter d, organizer of the legal entity set and confirms the draft referred to in letter a number 2 up to number 5.
(2) upon the assignment and endorsement referred to in subsection (1) the letter e, the Academy community organized by the new society entitled to organize its activities.
Article 10 of the Academy community can establish a business unit in accordance with the home study program based on legislation.

CHAPTER III COMMUNITY ACADEMY CHANGES article 11 (1) of the proposal changes the Academy community should include the following documents: a. a new feasibility study;

b. the draft of the new statute;

c. a new academic program design;

d. the draft strategic plan;

e. design of internal quality assurance system; and f.  the cooperation agreement referred to in article 4.
(2) Community Academy founded by the Ministry, in addition to the need to include the document changes as referred to in paragraph (1), must have the draft of the new organization.
(3) the requirements of the change referred to in subsection (1), of the Statute, the enclosed academic programs, strategic plans, organization, and internal quality assurance systems of the Academy community.
(4) the composition of the organization referred to in paragraph (3) should be appended only if done changes to Academy community organized Ministry.
(5) in case of change of the Academy community is just about the name change, the organizers delivering enough reason and consideration of the change of name of the Academy community.
Article 12 (1) the procedure for the change of the Academy community diselengarakan by the Ministry together with County Government/municipality as follows: a. the Academy community compiled: 1. a new feasibility study;

2. the draft of the new statute;

3. the design of a new academic program;

4. the design of the new strategic plan;

5. the design of internal quality assurance system; and 6. the design of the new organization.
b. the Academy community to convey the proposal to the Director General of the changes by attaching the draft referred to in letter a number 1 to number 6. c. the Director General evaluation and verification as well as giving assent of changes.

d. the Director General conveyed the proposal changes the Academy community to Ministers.
e. the Minister requesting the approval of a change to the Minister for Administrative Affairs wing State apparatus by attaching the script changes that contains: a) the background changes;

b) resources;

c) design development; and d) Organization.
f. the approval referred to in the letter e, the Minister set changes and organization of the Academy of the new community.
(2) after the determination referred to in subsection (1) letter f, the Academy organized by the Ministry of community adapts its activities.
Article 13 (1) the procedure changes the Academy community organized mayarakat as follows: a. the organizers devised a legal entity: 1. a new feasibility study;

2. the draft of the new statute;

3. the design of a new academic program;

4. the design of the new strategic plan; and 5. the design of internal quality assurance system.
b. legal entities organizers delivering the proposal changes the Academy community to the Director General by attaching the draft referred to in letter a number 1 to number 5 for approval;
c. the Director General evaluation and verification as well as giving assent to the proposal changes that meet the requirements; d. Director General for and on behalf of the Minister set permissions change Academy community;
e. after the Director-General set the permissions as stated on the letter d, organizer of the legal entity set and confirms the draft referred to in letter a number 2 up to number 5.
(2) after permissions change Academy community established by the Director-General referred to in paragraph (1) the letter d, the Academy community adapts its activities.
CHAPTER IV COMMUNITY ACADEMY REVOCATION revocation clause 14 of the Academy community consists of: a. revocation Academy community organized by the Ministry; or b. revocation Academy community organized by the community.

Article 15 (1) the procedure for revocation of the Academy community organized by the joint Government Ministry district/municipality as follows: a. the Directorate-General of evaluation against the Academy community;
b. If the results of the evaluation as referred to in letter a proven that Community Academy form of violation: 1. no longer meets the requirements of the establishment of the Academy community as referred to in article 7; and/or 2. does not comply with the provisions and regulations in organizing a Community Academy, then the Directorate General provide written warnings to the leader of the Academy community, at most 3 (three) times in sequence, each with an interval of not longer than 30 (thirty) days, in order for the Community Academy immediately stop the breach.
c. If within 30 (thirty) days after the written warning was received by the third leader of the Academy, the Academy community the community proved to be still doing the violation, then the Directorate General to propose the closure of the Community Academy to the Minister;
d. after the Minister gives approval:

1. The Minister requesting approval of the closure to the Minister for Administrative Affairs wing State apparatus by attaching the results of the evaluation as referred to in paragraph (1) letter b;
2. The approval referred to in number 1, Ministers set closure of the Academy community and inform the district/city governments.
(2) upon a determination by the Minister referred to in subsection (1) letter d figure 2 published, Directorate General of doing problem solving professors, instructors, students, educational personnel, and assets which include: 1. refund of professors, instructors, and produce educators representing civil servants to the parent agency;
2. the fulfillment of the right professors, instructors, and produce educators are nonpegawai based on Civil Affairs work agreement; 3. facilitation of transfer students to the Academy's other communities;

4. transfer of asset management of the Academy in accordance with Community legislation;

5. management of the academic administration of the Academy community closed done by Directorate General; and 6. Archive related to the management and organization of the Academy community is submitted to the Office of the national archives regional archives or the Office.
Article 16 (1) the procedure of the closure of the Academy community organized by the community as follows: a. the Directorate-General of evaluation against the Academy community;
b. If the results of the evaluation as referred to in letter a proven that Community Academy form of violation: 1. no longer meets the requirements of the establishment of the Academy community as referred to in article 7; and/or 2. does not comply with the provisions and regulations in organizing a Community Academy, then the Directorate General provide written warnings to the leader of the Academy community at most 3 (three) times in sequence, each with an interval of not longer than 30 (thirty) days, in order for the Community Academy soon to stop the breach;
c. If within 30 (thirty) days after the written warning was received by the third leader of the Academy community, proved the offence is still done, then Director-General for and on behalf of the Minister revoke the permit the establishment of the Academy community;
d. after the Minister's decision on revocation of the establishment of the Academy the Community presented to legal entities legal entities, then the Organizer the Organizer is obligated to close the Academy community;
(2) after organizers shut down the legal entity the Community Academy, organizer of the obligatory legal entity resolution of professors, instructors, educational personnel, and students which includes: 1. refund of professors, instructors, and educational personnel that is a civil servant employed to the Minister;
2. the fulfillment of the right professors, instructors, and educational personnel are employees of legal entities organizers based on agreement; 3. the transfer of a student to the Academy with community is facilitated by the Directorate-General; and 4. Archive related to the management and organization of the Academy community is submitted to the Office of the national archives regional archives or the Office.
Chapter V opening, CLOSING, and CHANGES in PROGRAM of STUDY at the ACADEMY COMMUNITY article 17 (1) the opening of courses is opening early and/or the addition of new courses at the Academy community who already have permits establishment.
(2) change of study program is the replacement of a group of fields/disciplines specific to group fields/disciplines in the Academy community who already have permits establishment.
(3) the closure of the course is the revocation of organizing courses that already exist in the Community Academy.
Article 18 (1) opening the course Requirements: a. drafting plans for the opening of the course in accordance with the strategic plan of the Academy community concerned; and b.  putting together a proposal opening the courses. (2) the opening of courses must meet the minimum requirements of accreditation.
(3) the Proposal for the opening of the courses referred to in paragraph (1) letter b at least contain: a. name and domicile, as well as the name of the organizer of the Academy community;
b. background of the opening of the course: 1. the importance of opening a course for kabupaten/kota demonstrated through the analysis of the potential of the area and analysis of strengths, weaknesses, opportunities, and threats;
2. the needs of the community will be skilled which have the competence that is indispensable in the area; and 3. the commitment of the Government of the district/city in the opening of the course indicated by the bupati/walikota written statement;
c. the qualifications and competencies of graduates of the courses required by the district/city or the business world and the industrial world's least for a span of 5 (five) years of the first; d. professors, instructors, and educational personnel in accordance with national standard of higher education;
e. projection source of funding and financing programs of study, as well as a guarantee of the sustainability of the financing of the course indicated by the presence of investment funds, the Fund's operations, cash flow projections and at least for a period of three (3) years;
f. infrastructure and facilities to be used for the Organization of courses appropriate national standard of higher education;
g. proportion planning provision of resources between the parties made an agreement of cooperation in the establishment and development of courses for 5 (five) years.
Article 19 Requirements change courses namely have the proposal changes the course as a proposal for the opening of the course.
Article 20 courses are closed when: a. no longer meet national standards of higher education for the Academy community; or b. the process of organizing is not in accordance with the legislation.

Article 21 (1) procedure for the opening of the course of study consists of: a. the proposed opening of the courses to the Directorate-General;

b. the Directorate General to evaluate the proposal opening courses;
c. when the results of the evaluation as referred to in subparagraph b stated that the proposed study program deserves to be opened, then the Director-General designate of the opening program of study;
(2) consists of members referred to in subsection (1) letter a consists of: a. the organizers of the Academy community in terms of the opening of the course of study for the first time;

b. Community Academy Director in terms of adding courses.
Article 22 Procedure changes course: a. the Director of the Academy community proposed changes course to the Director-General;

b. the Directorate General to evaluate the proposal changes the course;
c. when the results of the evaluation as referred to in subparagraph b stated that the proposed course of study eligible for modified, Director General of the setting change of program of study.
Article 23 (1) the closing program of study can be performed based on: a. the proposal of the Director of the Academy community; or b. the results of an evaluation of the Director General.
(2) the proposal of the Director of the Academy community organized by the Community approval legal organizers.
Article 24 (1) the procedure for closing a course based on the proposal of the Director of the Academy of the Community referred to in article 19 paragraph (1) letter a as follows: a. the Director General do the evaluation of the proposal closing the course;
b. based on the results of the evaluation as referred to in letter a, the Director General rejected the proposal or approve the closure of the course;
c. in the event the closing proposal approved by the Director General, the Director of the Academy community stop organizing courses.
(2) the procedure for closing of a course of study based on the results of the evaluation of the Director-General referred to in article 19 paragraph (1) letter b, as follows: a. Director General giving notice in writing to the Director of the Academy's most numerous community of 3 (three) times in sequence, each with an interval of not longer than 30 (thirty) calendar days, to allow the Director of the Community Academy, stop the breach;
b. If within 30 (thirty) calendar days after the third written warning received by the Director of the Academy community, proven offences still carried out, then the Director-General on behalf of the Ministers set closure of courses;
c. after the Minister's decision about closing courses as stated on the letter b is submitted to the Director of the Academy community, then Director of the Academy community is obligated to stop organizing such courses;
(3) After the Organization of the course of study was terminated: a. for the Academy community organized by the joint Government Ministry district/city, Director General of the obligatory resolution of professors, instructors, educational, personnel and students, among others: 1. the transfer of professors are civil servants;
2. the fulfillment of the right professors, instructors and produce educators are nonpegawai based on Civil Affairs work agreement; and 3.  the transfer of a student to the Academy's other communities.
b. for the Academy community organized by the society, organizer of the obligatory legal entity resolution of professors, instructors, educational, personnel and students, among others: 1. removal of a lecturer who is civil servant to the Ministry;
2. the fulfillment of the right professors, instructors and produce educators are nonpegawai based on Civil Affairs work agreement; and 3.  the transfer of a student to the Academy community college or other facilitated by the Director General.
CHAPTER VI Article 25 REPORTING Community Academy Director is obligated to report the Providence Academy community in the form of data and information through the database of higher education to the Director General, at least the end of each semester in accordance with legislation.

CHAPTER VII


CLOSING PROVISIONS Article 26 this Ministerial Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of the regulation of the Minister of education and culture with its placement in the news of the Republic of Indonesia.

Established in Jakarta on 11 April 2013 the MINISTRY of EDUCATION and CULTURE of the REPUBLIC of INDONESIA, MOHAMMAD NUH Enacted in Jakarta on 12 April 2013 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();