Selasa, 13 April 2010

Laws and Regulations

Legal Basis
The Indonesia’s 1945 Constitution required the Government to have and undertake a national instructional system regulated in a national act. The National Act No. 2, 1989 on National Education System, which is valid since March 27, 1989, and renewed with the National Act No. 20, 2003 on National Education System, is the fulfilment of the constitutional requirement. The Act regulates the whole system of national education, including higher education institution and study program accreditation system. The accreditation system is regulated in Chapter XVI of the National Act on Evaluation, Accreditation, and Certification, Article 60 and Article 61, which reads as follows.

Article 60


(1) Accreditation shall be undertaken to determine the feasibility of programs and education units for formal education and non-formal education at every level and type of education.
(2) Accreditation of a program and education unit shall be the responsibility of Government and/or independent authorities as a form of public accountability.
(3) Accreditation shall be based on criteria, which is transparent.
(4) The implementation of the provisions for accreditation, set forth in verse (1), verse (2), and verse (3), shall be further stipulated by the Government Regulation.

Article 61


(1) Certification shall be in the form of diploma and certificate of competence.
(2) A diploma shall be awarded to a learner as recognition of the educational achievement and/or completion of a level of education after passing an examination conducted by an accredited unit of education.
(3) A certificate of competence shall be awarded by education providers and training centers to learners and to learners of community as trainees, as a recognition of the competence to do a particular job after passing a competency examination conducted by an accredited unit of education or a professional certification body.
(4) The implementation of the provisions for certification, set forth in verse (1), verse (2), and verse (3), shall be further stipulated by the Government Regulation.
More specifically, the accreditation system of higher education institution and study program is regulated under the Government Regulation No. 30, 1990 on Higher Education, which was renewed with the Government Regulation No. 60, 1999 on Higher Education. The Government Regulation regulates accreditation system in Chapter XIV on Supervision and Accreditation, Article 128, which reads as follows.

Article 128


(1) The minister decides the procedures of quality and efficiency supervision of all higher education institutions.
(2) The quality as mentioned at verse (1) is the relationship among objectives, inputs, process, and outputs which is the responsibility of each higher education institution.
(3) Evaluation of the quality as mentioned in verse (2) shall be conducted by an independent board of accreditation.
(4) The minister decides the procedures of guiding higher education institution development, based on the results of quality and efficiency supervision.
(5) The implementation of the stipulations as mentioned in verse (1), verse (2), verse (3) and verse (4) shall be regulated by the Minister.



Institutional Organisation and Structure


BAN-PT is a non-structural agency under the Minister of National Education, which is initially regulated by the Education and Culture Ministerial Decree No. 0326/U/1994 on The National Accreditation Agency for Higher Education (Badan Akreditasi Nasional Perguruan Tinggi – BAN-PT), which was renewed by the Education and Culture Ministerial Decree No. 187/U/1998 on The National Accreditation Agency for Higher Education (Badan Akreditasi Nasional Perguruan Tinggi – BAN-PT), then by the Education and Culture Ministerial Decree No. 118/U/2003 on The National Accreditation Agency for Higher Education (Badan Akreditasi Nasional Perguruan Tinggi – BAN-PT), and finally replaced by the National Education Ministerial Regulation No. 28, 2005 on The National Accreditation Agency for Higher Education (Badan Akreditasi Nasional Perguruan Tinggi – BAN-PT).



The second term of BAN-PT Board members were appointed by the Education and Culture Ministerial Decree No. 0298/U/1998 on the Appointment of BAN-PT Chairman, Secretary, and Board Members, and the third BAN-PT Board members were appointed by the National Education Ministerial Decree No. 064/P/2006 on the Appointment of BAN-PT, BAN-S/M, and BAN-PNF Board Members.



Notes:

BAN-S/M stands for Badan Akreditasi Nasional Sekolah dan Madrasah (Moslem Religion-based School), meaning National Accreditation Agency for School and Madrasah.

BAN-PNF stands for Badan Akreditasi Nasional Pendidikan Non-formal, meaning National Accreditation Agency for Non-formal Educational Units.



The establishment of BAN-PT is fundamentally reflecting the Government intention and concern on the development, maintenance, and continuous quality improvement of higher education institutions and study programs, provision of better community service, and the development of science and technology for the betterment of societal life and the enrichment of national culture.

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