Legal Compliance of Education Providers Against Article 53 Paragraph (1) of Law No. 20 of 2003 Concerning the National Education System (Case Study: M3 Vocational High School)
DOI:
https://doi.org/10.61194/law.v1i1.42Keywords:
Legal compliance, Education, Foundation Legal Entity, National Education SystemAbstract
Article 53 paragraph 1 of the 2003 law concerning the National Education System is the absence of compliance caused by internal foundation conflicts so that legal compliance is legal compliance with Education Providers Against Article 53 Paragraph (1) of Law No. 20 Year drafted by Soerjono Sukamto related to Compliance, identification , internalization is not described at all related to SMK M3. Legal compliance was not carried out due to a foundation conflict which has also not received legal certainty to date. The problem in this thesis is how the M3 Vocational High School's Legal Compliance Against Article 53 Paragraph (1) Law No. 20 of 2003 Concerning the National Education System What is the legal standing of M3 Vocational High School Against Article 53 Paragraph (1) Law No. 20 of 2003 concerning the National Education. The research method used is research on the legal standing of the M3 Vocational High School against Article 53 Paragraph (1) of Law No. 20 of 2003 concerning the National Education System. The research method used is empirical research using field data. Data analysis was carried out in a qualitative normative way. The results of the study show that the government's indecisiveness towards educational institutions that do not use legal entities is of course based on history, meaning that this M3 school was founded before the foundation conflict was not a new school establishment. According to the author, the government also prioritizes students' rights in pursuing education and indirectly private schools are schools that assist the government in educating the nation's children.
References
Afifuddin and Ahmad Sahbani, Qualitative research methods, CV Pustaka Setia, Bandung, 2009.
Banakar, Reza and Max Traves (editor).Theoryand Method in Socio-Legal Research:ASeries published for The ODrinkATI Institute for the Sociology of Law (Oxford and PortlandOregon: Hart Publishing, 2005).
Chatamarrasjid Ais, Revised Edition Foundation Legal Entity, Citra Aditya Bakti, Bandung, 2006.
Djulaeka and Devi Rahayu, Textbook of Legal Research Methods, Scopindo Media Pustaka, Surabaya, 2019.
Habib Adjie, Establishment of the Foundation After the Mkri Decision, Formal Education Providers by the Private Return to the Foundation. Fh. Unisba. Vol. XII. No. 2. July 2010.
Handri Raharjo, Corporate Law, Yustisia Library, Yogyakarta, 2009.
Helaludin, Hengki Wijaya, Qualitative Data Analysis: A Review of Theory & Practice, Jaffray Theologia High School, 2019.
Inanna, The Role of Education in Building a Moral Nation's Character, D Journal of Economics and Education Volume 1 Number 1 January 2018.
Julia, Aesthetic Orientation of Mother's Pirigan Kacapi Style in Cianjuran Sundanese Song Art in West Java, UPI Sumedang Press, West Java:, 2018.
Made Pasek Diantha, Normative Legal Research Methodology in Justifying Prenada Media Group's Legal Theory, Jakarta, 2017.
Matlani, Aan Yusuf Khunaifi, Critical Analysis of National Education System Law Number 20 of 2003, Madura State Islamic Institute, Faqih Asy'ari College of Sharia Studies, Kediri. Scientific Journal of Iqra FTIK IAIN Manado Volume 13 No 2 2009.
Mestika zed, library research methods, Rajawali press, 2010.
Mohammad Mustari and M. Taufiq Rahman, Introduction to Research Methods, Laksbang Pressindo, 2018, Yogyakarta.
Muh Fitrah and Luthfiyah, Research Methods; Qualitative research, class action & case studies, CV Jejak, West Java, 2017.
Mukti Fajar, Yulianto, Dualism of Normative and Empirical Legal Research, Student Library, Yogyakarta, 2010.
Judgment of the Judge in the Decision of Case No. 266/Pdt.G/2020/PN.Jkt.Brt.
Peter Mahmud Marzuki, Legal Research, Kencana Prenada Media Group, Jakarta, 2011.
R. Soeroso, Introduction to Law, Sinar Graphic, Jakarta, 1993.
Salim and Erlies Septiana Nurbani, Application of legal theory to thesis and dissertation research, PT. RajaGrafindo Persada, Jakarta, 2013.
Soerjono Soekanto, Introduction to Legal Research, UI Press, Jakarta, 1986.
Soerjono Soekanto, Introduction to Legal Research, UI Press, Jakarta, 1986.
Suyud Margiono, Legal Entity Foundation for Dynamics of Practice, Effectiveness & Regulation in Indonesia, 2015 Library Design Copyright.
Tulus Wahjuono, Prospects for the Establishment of Educational Legal Entities (Bhp) and Their Influence on the Achievement of National Education Goals, Scientific Journal of the Faculty of Teaching and Education Sciences Volume. 15, Number 1.
Law No. 28 of 2004 amending Law No. 16 of 2001 on
Zakiah, Al Kamal Basic Education, December 21, 2022 at the al Kamal Foundation office.
Aan Yusuf Khunaifi, Matlani Matlani, Critical Analysis of the National Education System Law Number 20 of 2003, Scientific Journal of Iqra Faculty of Tarbiyah and Teacher Training IAIN Manado Vol 13, No 2 2019.
Amin Songgirin, The Urgency Of Cadre Education System At Darunnajah Cipining Islamic Boarding School, Al-Banjari, Vol. 19, No.2, July-December 2020
Depri Liber Sonata, Normative and Empirical Legal Research Methods: Distinctive characteristics of legal research methods, fiat justisia journal of law science volume 8 number 1, January-March 2014.
Habib Adjie, Establishment of the Foundation after the Mkri Decision, Organizers of Formal Education by the Private Return to the Foundation, Journal of Law Syiar Hukum, Vol. XII. No. 2. July 2010.
Listya Aswaratika and Dian Purnama Anugerah, The Position of the Foundation That Has Not Been Adjusted to the Foundation Law After the Expiry Period, Journal of Notaire: Vol. 1 No. 1, June 2018.
Megafury Apriandhini, Legal Awareness and Compliance with the Implementation of Health Protocols during the Covid-19 Pandemic at Upbjj Ut Samarinda, Journal of Law, Humanities, Society and Culture Vol.1 No.1 2021.
R.R Iswachyu Dhaniarti DS, Characteristics of Legal Relationships Between Higher Education Organizing Bodies and Private Lecturers, e-Jurnal the spirit of low Vol. 1 No.1 March 2015.
Law Number 20 of 2013 concerning the National Education System.
Law Number 16 of 2001 Concerning Foundations.
Law No. 28 Year 2004 Changes to Law No. 16 of 2001 About the Foundation.
Article 64 of Law No. 28 Year 2004 Changes to Law No. 16 of 2001 About the Foundation.
Yahya Zein, Foundation Legal Status, http://yahya zein.blokspot.com/2008/11/Yayasan Legal Status.html, accessed on March 14, 2022.
Supreme Court Jurisprudence.
Http: www.kompascom/AnwarBorahima/Writing a Dissertation About Foundations accessed on 14 March 2022.
https://idtesis.com/methode-penelitian- Hukum-empiris-dan-normatif/ accessed
https://media.neliti.com/media/publications/235012-prospek-pemformasian-badan- Hukum-pendidik-ab08c2ca.pdf accessed on Saturday, 4 November 2022
https://www.jogloabang.com/pustaka/uu-20-2003-sistem-dik-nasional accessed on Wednesday, 21 December 2022.
