Community Participation Model in the Formation of Regency/City Regulation in Education Sector in Central Java
Agus Suprijanto; Prof. Dr. Jamal Wiwoho, SH., M.Hum; Dr.Djoko Wahju Winarno, SH.,MS
Abstract
The effort to achieve the education vision with high quality and extensive coverage is needed a consistent policy
so that the quality of education can be achieved. Law No. 20 Year 2003 on National Education System ensures
educational opportunities, improving quality and relevance and efficiency of education management. In order to
implement educational autonomy regency / municipal government has the authority to establish rules and
regulations to be able to manage basic education and secondary education, as well as the educational unit local
excellence based, which is regulated by Law No. 23 of 2014 on Regional Government. Meanwhile, related to the
establishment of the legislation itself, the Law No. 12 Year 2011 states that community participation is the
embodiment of democracy that must be considered and implemented, so that any educational policy in the regions
should always be determined based on the aspirations of the people in the region itself. The research approach
used in this study is the juridical sociological method or socio-legal research. The study concluded that: 1. as a
legal product, regional regulations in education cannot fully accommodate the principle of public participation in
the process of formation of the education regulations, 2. The main problem in the formation of local regulations
in education because of low public participation both in the process of election the aspirations and the process of
internal discussion of regulation of education in local government and in the parliament, beside that, there are
also problems in the implementation and evaluation of the education regulations, 3. there are five things to
consider to realize the process of establishing regulations of participative education, among others : 1)
Publication of draft the effective education regulations ; 2) assurance the procedure, open and effective forum
for the community to be involved in overseeing the planning process; 3) procedures to ensure the public where
can submit a draft Regional Regulation; 4) clear regulations on the basis of documents which must be available
and freely accessible to the public; and 5) guarantees of appeal to the public if the process of establishing the
Regional Regulation is not done in a participatory manner. Community participation model in the establishment
of a regulatory area must be able to ensure that the public has broad access related to material from the draft
regulation to be issued, as well as the assurance that can be imposed that the public has a right to follow the
discussion of draft local regulations both by Parliament and by government. There must be certainty that the
aspirations of the people as a result of the aspiration process will be used as inputs are prioritized as material in
regulatory policy area which would be formed.
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