Government Regulation Number 66 of 2010 concerning Amendments to Government Regulation Number 17 of 2010 concerning the Management and Implementation of Education

Summary

Government Regulation Number 66 of 2010 constitutes an amendment to Government Regulation Number 17 of 2010 concerning the Management and Implementation of Education. This regulation strengthens the governance arrangements of educational units after Law Number 9 of 2009 concerning Education Legal Entities was declared to have no binding legal force by the Constitutional Court. This Government Regulation governs various aspects of the management and implementation of national education, including the governance of educational units, equitable access to education, institutional aspects, financing, accountability, licensing, and the authority relationship between the Government, regional governments, society, and educational units. In the context of Early Childhood Education (PAUD), this regulation explicitly defines PAUD as a coaching effort aimed at children from birth up to the age of 6 through the provision of educational stimulation to assist physical and spiritual growth and development so that children have the readiness to enter further education. This regulation also recognizes Kindergartens (TK) as a form of PAUD unit within the formal education pathway that organizes educational programs for children aged 4 to 6 years. Raudhatul Athfal (RA) is also positioned as a formal pathway PAUD unit with specific Islamic characteristics for children aged 4 to 6 years. In terms of governance, the management of educational units is based on non-profit principles, accountability, quality assurance, transparency, and equitable access. These principles are important for the operation of PAUD units so that institutional management is oriented towards improving the quality of educational services rather than solely making a profit, and is capable of accounting for its implementation to stakeholders. This Government Regulation also emphasizes the principle of non-discrimination in educational services. Educational units are obliged to provide services to prospective students and students regardless of religious background, race, ethnicity, gender, social status, and economic capability. Educational units are also obliged to guarantee access to educational services for students who require special education and special services. Specifically for formal pathway PAUD organized by the Government or regional governments, this regulation governs a governance structure consisting of at least a principal/madrasah head and a school/madrasah committee. The principal carries out the management function of the educational unit, while the committee carries out the advisory, consultative, and academic supervision functions in accordance with applicable provisions. Management of the educational unit includes, among other things, the formulation of strategic and operational plans, organizational structure and work procedures, internal audit and supervision systems, and internal quality assurance systems. These provisions demonstrate that formal PAUD management must be carried out in a planned, transparent, professional, and quality-oriented manner. For formal PAUD units organized by society, governance is determined by a legitimate non-profit legal entity based on the provisions of statutory regulations. Its management must still adhere to the principles of non-profit, accountability, quality assurance, transparency, and equitable access. In the funding aspect, the Government or regional governments, in accordance with their capacity and authority, may cover investment costs, operational costs, scholarships, and/or educational cost assistance for formal pathway PAUD units organized by the Government or regional governments. Such funds are distributed to the principal/madrasah head and must be managed in accordance with statutory regulations. This regulation also emphasizes the obligation of accountability for the implementation of education. Educational units are required to implement good governance, maintain a balance between the number of students and the capacity of facilities and infrastructure as well as educators and education personnel, implement education on a non-commercial basis, and prepare implementation reports and financial reports in a timely, transparent, and accountable manner. In regulating the organizers of formal education, regional governments may organize formal pathway PAUD units, the ministry administering government affairs in the religious sector may organize religious-characteristic formal PAUD, and society may organize formal PAUD through legal entities such as foundations, associations, or other similar bodies. Licensing aspects also form an important part. The establishment of a formal PAUD program or unit is mandatory to obtain a license from the Government or regional governments in accordance with their authority. For Kindergartens, the establishment license is granted by the regent/mayor in accordance with applicable provisions, whereas the establishment license for RA falls under the authority of the Minister of Religious Affairs. Requirements for establishing formal educational units include the content of education, the number and qualifications of educators and education personnel, facilities and infrastructure, educational financing, evaluation and certification systems, as well as management and educational processes. Establishment must also consider feasibility from the aspects of spatial planning, geography, ecology, the number of prospective students, financial, social, cultural, capacity, service reach, and financing sustainability. For IKADPAUDI, Government Regulation Number 66 of 2010 serves as an important reference in the study of governance, institutional aspects, establishment, licensing, financing, accountability, equitable access, and the operation of PAUD units, especially formal education pathway PAUD. This regulation is also useful for understanding the historical development of the regulatory framework for education implementation in Indonesia and the division of responsibilities between the Government, regional governments, society, and PAUD unit organizers. Legal status note: Government Regulation Number 66 of 2010 is still recorded as in force, but some of its provisions have been revoked by Government Regulation Number 57 of 2021 concerning National Education Standards, particularly provisions related to the national-standardized school final examination and the national examination. Therefore, in the IKADPAUDI Regulation Database, the most appropriate status is Partially in force. For use in current PAUD studies or practices, this GR must be read together with Government Regulation Number 17 of 2010 as its parent regulation and various newer education regulations.