Advanced Search

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

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

The text is not in the original format.
Back


image
STATE NEWS
REPUBLIC OF INDONESIA

No. 597, 2013 MINISTRY OF EDUCATION AND CULTURE. Community Academy. Redications.


EDUCATION AND CULTURE MINISTER ' S RULES
REPUBLIC OF INDONESIA
No. 48 YEAR 2013
ABOUT
THE ESTABLISHMENT, CHANGE, AND REVOCATION OF THE PERMIT
COMMUNITY ACADEMY
BY THE GRACE OF THE ALMIGHTY GOD
MINISTER FOR EDUCATION AND CULTURE OF THE REPUBLIC OF INDONESIA,

Weigh: a. that in order to fulfill the needs of skilled and competent human resources who have higher education qualifications, need to expand vocational education in accordance with the potential and excellence of the area;
B. that in order to accelerate and expand the alignment of higher education access through the community academy, it needs to establish the founding guidelines, changes, and the revocation of community academy permits;
c. that under consideration as intended on the letter a and the letter b need to establish the Minister of Education and Culture on the Establishment, Change, and the Revocation Of The Community Academy Permit;

Given: 1.   Law Number 12 Year 2012 on High-Driving (State Sheet Of The Republic Of Indonesia Year 2012 Number 158, Additional Gazette Republic Of Indonesia Number 5336);
2. Presidential Regulation No. 47 of 2009 on the Establishment and Organization of the Ministry of State as amended last with the Presidential Regulation Number 91 of 2011;
3. Presidential Regulation No. 24 of 2010 on Occupation, Duty, And Functions of the Ministry of State and Functions of the Organization, Duty, and Functions of the Ministry of State as amended by the Presidential Regulation No. 67 of 2010 on Changes to the Presidential Regulation No. 24 of 2010 on Occupation, Duty, and Functions of the Ministry of State as well as the Organizational Functions, Duty, and Functions of the Ministry of State;
4. Presidential Decree No. 84 /P Year 2009 regarding the Establishment of the United Indonesia Cabinet II as amended last with Presidential Decree Number 5/P of 2013;

DECIDED:

establish: REGULATIONS MINISTER OF EDUCATION AND CULTURE OF THE REPUBLIC OF INDONESIA ON THE ESTABLISHMENT, CHANGE, AND REVOCATION OF COMMUNITY ACADEMY LICENSES.

BAB I
UMUM CONDITIONS
Section 1
In this Minister ' s Rule, which is referred to:
1. The community academy is a college that organizes a vocational education one and/or a diploma two in one or several branches of science and/or certain technologies based on local excellence or for meets special needs.
2. The establishment of the community academy is the process of forming a community academy by the organizers.
3. Community academy change is the process of granting permission to community academy organizers to perform name changes, location changes, changes or diversion of organizers, mergers, and/or breakdown of community academies.
4. The revocation of the community academy permit is a recall of the approval of the establishment of a community academy organized by the public that the Minister has granted.
5. The program of study is a program that includes a unit of plan learning as a guideline for education organized on the basis of a curriculum and intended that learners can master knowledge, skills, and attitudes It fits the curriculum.
6. Learning is a student interaction process with lecturers, instructors and learning sources on the learning environment of the community academy.
7. National Standards of Higher Education are the minimal criteria about hosting higher education.
8. Curriculum is a set of plans and arrangements regarding purpose, content, and subject matter, as well as the way that is used as the guiding guidelines of learning activities to achieve educational objectives.
9. Statute is the basic regulation of the management of the community academy which is used as the cornerstone of drafting regulations and operational procedures at the community academy.
Ten. A profession is a group of members of a society that is a particular profession that is legal and is non-profit.
11. An enterprise is an individual person and/or an enterprise, both legal and non-legal entities, who perform activities by exerting power and mind to achieve a goal seeking profit.
Twelve. The governing law is the foundation, association, or other legal entity of a non-profit in accordance with the provisions of the laws.
Thirteen. The Minister is the minister who organizes government affairs in the field of education.
14.Ministry is the Ministry of Education and Culture.
15.Directorate General is the General Directorate of Higher Education in the Ministry of Education and Culture.
16.Director General is the Director General of Higher Education at the Ministry of Education and Culture.

Article 2
The community academy goal:
a.   Hosting a Diploma 1 and/or Diploma 2 Diploma program in a local district/city based on local excellence or to meet special needs;
B.   expand the access and educational structuring of higher education; and
c. enhancing the competency of human resources to meet the world ' s skilled power of enterprise and/or industrial world.

Article 3
The community academy ' s principle:
a. based local excellence;
B. competency-based in the development of entrepreneurship;
c. flexibility and dynamics of the study program;
D. modular and over-credit;
e. personal and social skills;
f.   learning throughout the hayat.
Section 4
(1) The community academy can be organised on the basis of cooperation agreement between:
a. The joint ministry of the local government with the business world, and/or industry world; or
B. Society with the world of business and/or the world of industry.
(2) The local government joint ministry as referred to in paragraph (1) the letter a must make the cooperation agreement the least of which contains the rights and obligations concerning:
a. means and infrastructure;
B. human resources; and
C. Funding.
(3) The society as referred to in paragraph (1) the letter b either individual persons and a legal entity can organize a community academy by establishing an organizer's legal entity.


Section 5
The government and/or local governments may provide an incentive to the community that established community academies especially in the outermost areas, the front-runner, and lagging behind in accordance with laws.

BAB II
THE ESTABLISHMENT OF THE COMMUNITY ACADEMY
Section 6
(1) The least community academy organizes 1 (one) study program.
(2) The program of the study as referred to in paragraph (1) may be temporarily terminated, closed, or replaced with a new program of study in accordance with the need.

Section 7
(1) The establishment of a community academy must include the following documents:
a. feasibility study;
B. statuta design;
c. academic program design;
D. Strategic plan design;
e. the design of the internal quality taming system; and
f.   the cooperation agreement as referred to in Article 4.
(2) The community academy established by the Ministry, in addition to having to include the document as referred to in paragraph (1), must include the design of the organizational arrangement.
(3) The feasibility study as referred to in paragraph (1) the least bit of a letter:
a.   Name, domicile, as well as community academy organizer name;
B. background of establishment of community academy:
1. The importance of establishing a community academy for the district/city shown through analysis of area excellence and analysis of strength, weaknesses, opportunities, and threats;
2. The needs of the community will be skilled power that has the very necessary competence in the area; and
3. The commitment of the district/city government or the host body in the establishment of the community academy shown with the written statement of the regent/mayor or the organizer ' s body;
C.   vision, mission, purpose, and target of the community academy;
D.   the study program to be held;
e. qualification and competency of the community academy graduates required by the county/city or business world and the least industriable world for the first 5 (five) year periods;
f. the organization of community academy organizations as well as educational educational activities, research and devotion to the community, as well as administration and other technical tools such as laboratories, work workshops, and libraries;
G.   lecturers, instructors, and education power in accordance with the National Standards of Higher Education;
h. Community college financing and fund projections, as well as the sustainability guarantee of financing the community academy shown with the presence of investment funds, operating funds, and the least cash flow projections for a period of 3 (three) years;
i.    The infrastructure is a land that will be used for community academies according to the characteristics of the study program;
J.   the means of a physical facility to be used for community academies according to the characteristics of the study program;
No, planning the proportion of the resource provision between the parties that make a cooperation agreement in the establishment and development of community academies for 5 (five) years.
(4) The statute of statutes as referred to in paragraph (1) the least contained b letter:
a. generic provisions;
B. identity;
C. vision, mission, and the purpose of the college;
D. a high education hosting system;
e. high education management system;
f.   internal quality taming system;
G. form, order, and set-set rules;
h. Transition provisions; and
i.   Closing provisions.
(5) The design of the academic program as referred to in paragraph (1) the letter c, at least contains:
a. vision and mission of the proposed study program;
B. competency-based curriculum;
c. Graduate and certification competencies;
D. source learning;
e. lecturers, instructors, and educational power; and
f.   Financing.
(6) The design of the strategic plan as referred to in paragraph (1) the letter d contains about the strategic policy of the community academy, the performance indicator and the management of the source of funds and financing.
(7) Design of a community academy's internal quality assurance system as referred to in paragraph (1) letter e contains an internal quality licensing system in academic and non-academic fields.
(8) The cooperation agreement as referred to in paragraph (1) of the letter f, at least contains:
a.   agreement title;
B.   working background is the same;
c. The contents of the cooperation agreement, at least set about:
1. The goal of cooperation;
2. The term of the cooperation agreement;
3. Budget and budget support; and
4. The provision and use of the means and the infrastructure.
D.   The cover.
(9) The design of the organizational arrangement as referred to in paragraph (2) contains:
a.   organization ' s structure, at least comprised of:
1. Director;
2. 1 (one) Vice Director;
3. 1 (one) Subsection Chief.
B.   Mechanisms of working relationships between organizational units.
(10) The addition of the organizational structure as referred to in paragraph (9) the letter is performed according to the needs and workload.
(11) The substance and sequence of the statutes of the statutes as referred to in paragraph (1) the letter b is adjusted to the needs of the community academy.

Section 8
(1) The procedure of establishing a community academy by the joint ministry of the county/city:
a.   The county/city government compiles:
1. feasibility study;
2. draft statuta;
3. design an academic program;
4. draft a strategic plan;
5. design of the internal quality taming system;
6. design the organizational arrangement; and
7. Plan of cooperation agreement between the Ministry with the county/city government with the perpetrators of the effort.
B. The government of the district/city convees the establishment to the Minister by attaching a draft as referred to in the letter a number 1 to the number 7 through the Director General;
C. The Director General for and on behalf of the Minister conducts the evaluation and verification of the proposal, as the letter b and tells the proposal of the founding of the community academy to the Minister to obtain the consent;
D.   after the Minister gives consent:
1. The Minister requested the founding consent to the minister who is seeding the affairs of the state apparatus by attaching the founding manuscript to the establishment:
a) the foundation background;
b) resources;
c) a development design; and
d) organizational structure.
2. Based on the approval as referred to in the letter d 1, the Minister establishes the establishment and organizational structure of the community academy.
(2) After the designation as referred to in paragraph 2, the community academy organized by the new Ministry has the right to hold its activities.

Section 9
(1) The process of establishing a community academy organized by the community as follows:
a.   The governing law body is composing:
1. feasibility study;
2. draft statuta;
3. design an academic program;
4. design a strategic plan; and
5. The design of the internal quality licensing system.
B. The governing body of the organizers conveits the proposal to the Minister through the Director General by attaching the design as referred to in the letter a number 1 to the number 5.
c. The suggestion as referred to in the letter b is equipped with:
1. deed of notary establishment of the organizer ' s legal body;
2. ratification of the organizer ' s legal entity as the legal entity of the authorized official;
3. Evidence of the financial condition of the organizer or legal entity of the organizer, if the governing law entity has been operating more than 1 (one) years;
4. The infrastructure of the land that will be used for community academies according to the National Standards of Higher Education;
5. A user statement of the graduate user to accommodate graduates; and
6. News of the event and the list of attending legal bodies meeting regarding the establishment of the community academy.
D.   The Director General for and on behalf of the Minister conducts evaluation and verification as well as providing approval on the proposal of the establishment of a community academy that meets the requirements;
e.   The Director General for and on behalf of the Minister sets out the establishment permission of the community academy;
f.   After the Director General specified the permission as intended on the letter d, the governing body of the organizers set out and passed the draft as referred to in the letter a number 2 to the number 5.
(2) After the designation and attestation as referred to in paragraph (1) the letter e, the community academy organized by the new community is entitled to hold its activities.

Article 10
The community academy can set up an enterprise unit in accordance with its programme of study under the law.

BAB III
COMMUNITY ACADEMY CHANGE
Section 11
(1) The change of community academy must include the following documents:
a. new feasibility study;
B. new draft statutes;
c. draft of the new academic program;
D. new strategic plan design;
e. the design of the new internal quality system; and
f.   the cooperation agreement as referred to in Article 4.
(2) The community academy established by the Ministry, in addition to having to include a document of change as referred to in paragraph (1), must have a new design of the organizational arrangements.
(3) The requirements of change as referred to in paragraph (1), encappened in statutes, academic programs, strategic plans, organizational arrangements, and the internal quality of the community academy's internal quality assurance systems.
(4) The organization referred to in paragraph (3) must be attached only if it is made a change in the Ministry of the community organized by the Ministry.
(5) In terms of the community academy change only regarding name change, the organizers are fairly conveying the reasons and considerations of changing the name of the community academy.

Article 12
(1) The procedure of the community academy changes held by the Ministry alongside the county/city government as follows:
a.   Community academy compiles:
1. New feasibility study;
2. New statute design;
3. draft new academic program;
4. draft a new strategic plan;
5. A new internal quality assurance system design; and
6. The design of the new organizational structure.
B. The community academy convees the proposal of change to the Director-General by attaching the design as referred to in the letter a number 1 to the number 6.
C.   The Director General conducts evaluation and verification as well as granting the approval of change.
D.   The Director General addresses the changes of the community academy to the Minister.
e. The Minister requested the approval of the change to the minister who is seeding the affairs of the state apparatus by attaching a manuscript of the change to which it contains:
a) the background changes;
b) resources;
c) a development design; and
d) organizational structure.
f.   Based on approval as referred to in the letter e, the Minister defines the change and organizational structure of the new community academy.
(2) After the designation as referred to in paragraph (1) letter f, the community academy organized by the Ministry adjusts its activities.

Section 13
(1) The community academy change procedure organized mayarakat as follows:
a.   The governing law body is composing:
1. New feasibility study;
2. New statute design;
3. draft new academic program;
4. draft a new strategic plan; and
5. The design of a new internal quality system.
B. the governing body of law addresses the change of the community academy to the Director General by attaching the design as referred to in the letter a number 1 to the number 5 for get approval;
C. The Director General conducts evaluation and verification and provides approval for the proposal of a change that meets the requirements;
D.   The Director General for and on behalf of the Minister establishes the permission of the community academy change;
e. After the Director General specified the permission as intended on the letter d, the governing body of the organizers set out and passed the draft as referred to in the letter a number 2 to the number 5.
(2) After the permission of the community academy change is set by the Director General as referred to in paragraph (1) the letter d, the community academy adjusts its activities.

BAB IV
COMMUNITY ACADEMY PERMIT REVOCATION
Section 14
Revocation of community academy permits consists of:
a. revocation of community academy permissions organized by the Ministry; or
B. revocation of community academy permissions organized by the public.

Section 15
(1) Community academy permit revocation procedure hosted by the Ministry of joint/municipal government as follows:
a.   The Directorate General conducts evaluations against the community academy;
B. if from the results of the evaluation as referred to in the letter a it is proven that the community academy commits a violation of:
1. no longer meet the community academy ' s founding requirements as referred to in Article 7; and/or
2. disobeying the provisions of laws in hosting the community academy, then the Directorate General provides written warning to the leaders of the community academy, at most 3 (three) times respectively With the longest time 30 (thirty) days, that the community academy immediately ceased the breach.
c. if in time 30 (thirty) days after the third written warning is received by the community academy leader, the community academy is shown to be still committing the offence, then the Directorate General proposes the closing of the community academy To the Minister.
D.   after the Minister gives consent:
1. The Minister requests the closing approval of the minister who is drugging the affairs of the state apparatus by attaching the evaluation results as referred to in paragraph (1) letter b;
2. Based on approval as referred to at number 1, the Minister sets out the closing of the community academy and notified the county/city government.
(2) After the assignment by the Minister as referred to in paragraph 1) the letter d 2 is published, the Directorate General conducts a resolution of the problem of the lecturers, instructors, education personnel, students, and the assets included:
1. Return of lecturers, instructors, and education personnel who are the status of civil servants to the parent agency;
2. fulfilment of the teaching rights, instructors, and educency of non-civil civil servants based on the employment agreement;
3. facilitation of transfer of students to other community academies;
4. The diversion of management of community academy assets under the rules of the laws of the law;
5. The academic administration administration of the closed community academy is conducted by the Directorate General; and
6. The archive associated with the management and hosting of the community academy is delivered to the national archive office or the area ' s archive office.

Article 16
(1) The closing procedures of community academies organized by the community as follows:
a.   The Directorate General conducts evaluations against the community academy;
B. if from the results of the evaluation as referred to in the letter a it is proven that the community academy commits a violation of:
1. no longer meet the community academy ' s founding requirements as referred to in Article 7; and/or
2. disobeying the provisions of the laws in hosting the community academy, then the Directorate General provides the written warning to the leaders of the community academies three times (three) times respectively. with thirty (thirty) days in length, for the community academy to immediately stop the breach;
c. if in time 30 (thirty) days after the third written warning is received by the community academy leader, proven a violation is still committed, then the Director General for and on behalf of the Minister revoked the foundation permission of the community academy;
D. after the Minister 's decision on the revocation of the community academy' s founding permit was delivered to the organizer ' s legal entity, then the governing body of the organizers is obliged to close
(2) After the organizer ' s legal entity closes the community academy, the governing body of the organizers is obliged to resolve the problem of the teaching problem, instructor, education power, and student who includes:
1. Return of lecturers, instructors, and educency personnel on the status of civil servants employed to the Minister;
2. The fulfilment of the teaching rights, instructors, and education personnel, who are the employees of the legal entity under the agreement of the work;
3. Transfer of students to other community academies by being facilitated by the Directorate General; and
4. The archive associated with the management and hosting of the community academy is delivered to the national archive office or the area ' s archive office.

BAB V
OPENING, CHANGE, AND CLOSING OF THE STUDY PROGRAM
AT THE COMMUNITY ACADEMY
Section 17
(1) The opening of the study program is an early opening and/or the addition of a new study program at the community academy that has had a founding permit.
(2) The change of the study program is the replacement of a particular field/discipline group to other field/disciplines groups at the community academy who have had a founding permit.
(3) The closure of the study program is the revocation of the existing program of study programs that have been present at the community academy.

Section 18
(1) The opening requirement of the study program:
a. draw up the opening plans of the study program in accordance with the strategic plan of the community academy concerned; and
B.   Drafting a proposal for the study program.
(2) The opening of the study program must meet the minimum accreditation requirement.
(3) The opening proposal of the study program as referred to in paragraph (1) the least b letter contains:
a.   name and domicile, as well as community academy organizer name;
B.   background program opening of study:
1. The importance of opening a study program for districts/cities shown through the analysis of region potential and analysis of strength, weaknesses, opportunities, and threats;
2. The needs of the community will be skilled power that has the very necessary competence in the area; and
3. The government/city government commitments in the opening of the study program shown with the bupati/mayor ' s written statement;
c. The qualifications and competency of the study program graduates required by the district/city or business world and the least industrial world for the first 5 (five) year span;
D.   lecturers, instructors, and education power in accordance with the National Standards of Higher Education;
e.   the projection of the source of funds and the financing of the study program, as well as the guarantee of sustainability the financing of the study programs shown with the presence of investment funds, operating funds, and the least current cash flow projections for a period of 3 (three) years;
f. the means and infrastructure to be used for the hosting of study programs according to the National Standards of Higher Education;
G. planning the proportion of the resource provision between the parties that make a cooperation agreement in the establishment and development of the study program for 5 (five) years.

Article 19

The requirement of a study program change is to have a proposal of change in the study program as proposals for the opening of study programs
Article 20
The study program closes if:
a. no longer meets the National Standards of Higher Education for the community academy; or
B. the hosting process is not in accordance with the laws.

Section 21
(1) The opening procedure of the study program:
a.   The claimants submitted the opening proposal of the study program to the Directorate General;
B.   The Directorate General did evaluate the opening proposal of the study program;
c. If the evaluation results as referred to the letter b states that the proposed study program is feasible to open, then the Director General establishes the opening of the study program;
(2) The following are referred to in paragraph (1) the letter a consists of:
a. the organizers of the community academy in terms of opening the study program for the first time;
B. The director of the community academy in terms of adding program studies.

Section 22
Procedure of study program changes:
a.   The director of the community academy submitted a proposal of change program study to the Director General; b. Directorate General conducted evaluation of the study program change proposal;
c. If the evaluation results as referred to the letter b state that the proposed study program is feasible to be changed, the Director General establishes a change in the study program.

Section 23
(1) The closure of the study program can be conducted based on:
a. the genesis of the director of the community academy; or
B. Director General's evaluation results.
(2) Usul from the directors of community academies organized by the public must be obtained by the consent of the organizer ' s legal body.

Section 24
(1) The procedure of closing the study program based on the basis of the Director of the community academy as referred to in Article 19 of the paragraph (1) the letter a as follows:
a.   The Director General conducted an evaluation of the closing proposals of the study program;
B. based on the evaluation results as referred to in the letter a, the Director General declined or agreed to the closure of the program of the study;
c. in the event of the closure approved by the Director General, the Director of the community academy halted the implementation of the study program.
(2) The procedure of closing the study program based on the evaluation results of the Director General as referred to in Article 19 of the paragraph (1) the letter b as follows:
a. The Director General provides a written warning to the director of the community academy at most 3 (three) times consecutively each with the longest time lapse of 30 (thirty) calendar days, in order for the director of the community academy stopping violations;
B. if within 30 (thirty) calendar days after a third written warning is received by the director of the community academy, proven a violation is still being done, then the Director General on behalf of the Minister sets out the closure of the study program;
c. after the Minister ' s decision on the closure of the study program as referred to the letter b was delivered to the director of the community academy, then the director of the community academy stopped the implementation of the study program;
(3) After the implementation of the study program was terminated:
a. For community academies held by the Ministry of the joint government/city government, the Director-General is required to complete the problem of lecturers, instructors, educency, and students, among others:
1. The transfer of the lecturer on the status of civil servants;
2. fulfilment of the teaching rights, instructors and educency of non-civil civil servants based on the employment agreement; and
3. Transfer of students to other community academies.
B. for community academies organized by the public, the governing body of law is mandatory for solving the problem of lecturers, instructors, educency, and students, among others:
1. The transfer of the lecturers with the status of civil servants to the Ministry;
2. fulfilment of the teaching rights, instructors and educency of non-civil civil servants based on the employment agreement; and
3. The transfer of students to other community academies or colleges is facilitated by the Director General.

BAB VI
REPORTING
Section 25
Director of the community academy is required to submit a report of the community academy of data and information through the Higher Education Data Base to the Director General, most slowly at the end of the semester according to the regulations. Applicable laws.
BAB VII
CLOSING PROVISIONS
Section 26
The Regulation of the Minister comes into effect on the date of the promulctest.

So that everyone knows it, instrucits the Ordinance of the Minister of Education and Culture by its placement in the News of the Republic of Indonesia.

Specified in Jakarta
on April 11, 2013
MINISTER OF EDUCATION AND CULTURE
REPUBLIC OF INDONESIA,

MOHAMMAD NOAH

It is promulred in Jakarta
On 12 April 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN