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Indonesian Schools Abroad, Here Are the Legal Basis

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Indonesian Schools Abroad, Here Are the Legal Basis

Indonesian Schools Abroad, Here Are the Legal Basis
Saufa Ata Taqiyya, S.H.Si Pokrol
Si Pokrol
Bacaan 10 Menit
Indonesian Schools Abroad, Here Are the Legal Basis

PERTANYAAN

In some cities abroad, there are schools named after Sekolah Indonesia or Indonesian Schools. Are these schools abroad legal?

DAFTAR ISI

    INTISARI JAWABAN

    Regarding schools abroad, the Joint Regulation of the Minister of Foreign Affairs and the Minister of Education and Culture Number 7, 1 of 2015 on the Management and Organization of Indonesian Education Abroad has stipulated Indonesian Schools Abroad (Sekolah Indonesia di Luar Negeri/ "SILN").

    SILN is an educational unit in the formal channel organized abroad, which may be organized by the government or the Indonesians (Indonesian society). Thus, it can be briefly concluded that SILN is a legal school according to the law.

    Please read the review below for a further explanation.

    ULASAN LENGKAP

    This article is an English translation of Sekolah Indonesia di Luar Negeri, Ini Dasar Hukumnya which was written by Saufa Ata Taqiyya, S.H. and was published on Tuesday, 11 May 2021.

    All legal informations which are available through Klinik hukumonline.com have been prepared for educational purposes only and are general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

    In order to answer your question, we refer to Joint Regulation of the Minister of Foreign Affairs and the Minister of Education and Culture Number 7, 1 of 2015 on the Management and Organization of Indonesian Education Abroad (“Joint Ministerial Regulation 7,1/2015”) which regulates Indonesian Schools Abroad (Sekolah Indonesia di Luar Negeri/ "SILN").

    SILN is an educational unit in the formal channel that is organized abroad,[1] which can be organized by the government or the Indonesians (Indonesian society).[2]

    SILN is organized at the primary and secondary education levels[3] and is implemented based on provisions of the national education system.[4]

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    Although SILN students are prioritized for Indonesian Citizens who live abroad, it is possible for SILN to accept foreign students (foreign citizens) who meet the requirements.[5]

    Furthermore, the SILN academic calendar is determined by the Head of Diplomatic Representative and Consular Representative of the Republic of Indonesia ("Representative") by referring to the national education calendar and the provision on holidays that apply to the representative.[6]

    In terms of funding and assets, SILNs, which are organized by the government, shall be borne by the budgets of the Ministry of Education and Culture and the Ministry of Foreign Affairs, as well as other non-binding sources of funding in accordance with the provisions of the laws and regulations.[7]

    Meanwhile, SILNs which are organized by Indonesians in the accreditation area of a representative are sourced from the founder of the organizer or education unit, community assistance, and other legitimate sources in accordance with the provisions of Indonesian laws and regulations, as well as the local state laws and regulations.[8]

    In order to answer your question, the existence of SILN is indeed legal and has a legal basis. In fact, the National Accreditation Board for Schools and Madrasah (Islamic School) accredits SILN.[9]

    Nowadays, SILNs have been established in some large cities abroad, such as the Indonesian School in Kuala Lumpur and the Indonesian School in Singapore.

    As additional information, besides formal school at the primary and secondary levels, representatives or the Indonesians may organize early childhood education and non-formal education abroad,[10] subject to obtaining a license from the Ministry of Education and Culture in accordance with a proposal from the Ministry of Foreign Affairs.[11]

    Early childhood education comprises Kindergarten, Playgroup and Day-care.[12] Meanwhile, non-formal education includes courses and training, education and equality, and/or literacy education.[13]

    These are the answers we can provide, we hope you will find them useful.

    Legal Basis:

    1. Joint Regulation of the Minister of Foreign Affairs and the Minister of Education and Culture Number 7, 1 of 2015 on the Management and Organization of Indonesian Education Abroad;

    Reference:

    1. Sekolah Indonesia Kuala Lumpur, accessed on 10 May 2021, at 22.15 West Indonesia Time (zone);
    2. Sekolah Indonesia Singapura, accessed on 10 May 2021, at 22.30 West Indonesia Time (zone).

    [1] Article 1 Number 2 Joint Regulation of the Minister of Foreign Affairs and the Minister of Education and Culture Number 7, 1 of 2015 on the Management and Organization of Indonesian Education Abroad (“Joint Ministerial Regulation 7,1/2015”).

    [2] Article 4 Section (1) Joint Ministerial Regulation 7,1/2015.

    [3] Article 4 Section (2) Joint Ministerial Regulation 7,1/2015.

    [4] Article 5 Section (1) Joint Ministerial Regulation 7,1/2015.

    [5] Article 7 Section (1) and (2) Joint Ministerial Regulation 7,1/2015.

    [6] Article 25 Joint Ministerial Regulation 7,1/2015.

    [7] Article 27 Section (1) Joint Ministerial Regulation 7,1/2015.

    [8] Article 28 Joint Ministerial Regulation 7,1/2015.

    [9] Article 5 Section (2) Joint Ministerial Regulation 7,1/2015.

    [10] Article 31 Section (1) Joint Ministerial Regulation 7,1/2015.

    [11] Article 31 Section (2) Joint Ministerial Regulation 7,1/2015.

    [12] Article 31 Section (4) Joint Ministerial Regulation 7,1/2015.

    [13] Article 31 Section (6) Joint Ministerial Regulation 7,1/2015.

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