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La Ode Mbunai Mbunai
Universitas Sains Indonesia
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Juridical Analysis of the Urgency of Codifying the Draft National Education System Law S.H.S Ulil Albab; La Ode Mbunai Mbunai
International Journal of Multidisciplinary Sciences and Arts Vol. 6 No. 1 (2027): Article In Press
Publisher : Information Technology and Science (ITScience)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47709/ijmdsa.v6i1.9636

Abstract

This study examines, from a juridical perspective, the urgency of codifying rules in the National Education System Bill in response to the structural failure of norms in Law No. 20 of 2003. It employs a normative juridical approach with a literature study method covering statutes, legal doctrines, and scientific literature. Primary legal materials include the 1945 Constitution, Law No. 20 of 2003, Law No. 18 of 2019 concerning Islamic Boarding Schools, the August 2022 National Education System Bill, and derivative regulations. The analysis is qualitative and analytical descriptive, identifying conformity, inequality, and norm gaps among these regulations. The findings show that two decades of implementing the National Education System Law have produced multi-interpretation polemics rooted in ambiguous norm drafting and the absence of a strict harmonization mechanism between the parent law and its derivative regulations. Three normative issues, namely the vulnerability of teacher management to regional political intervention, the conflict between the five-day school policy and the substance of religious education, and unequal accreditation standards in disadvantaged and outermost regions, demonstrate that the problems are structural. The study also finds that non-formal religious education, Islamic boarding schools, and customary law communities lack proportional normative protection, while criminal and administrative protection contains significant norm vacancies. The study concludes that codifying the National Education System Bill is an urgent juridical need grounded in philosophical, juridical, and sociological principles to realize an orderly and fair national education system in line with the 1945 Constitution.
Co-Authors S.H.S Ulil Albab