Regulation of education implementation in Kutai Kartanegara based on education policy

Source: P3KE and Bappeda Kutai Kartanegara Regency, 2022

This data shows that there are 4 (four) subdistricts experiencing a severity ranking at level 1 (one) extreme, namely Anggana Sub-district, Loa Kulu Sub-district, Muara Kaman Sub-district, Sebulu Sub-district. The high rate of dropping out of school or not continuing school is not commensurate with the budget allocation for the provision of education in Kutai Kartanegara Regency.

Education Allocation as a mandatory authority for basic and attributive services must be provided by regions for basic education starting from PAUD, Kindergarten, Elementary School (SD/SI), Junior High School (SMP/MTs). Starting from Kutai Kartanegara Regency has allocated an education budget of IDR 1,172,010,639,171.00. In the Kutai Kartanegara Regency APBD allocated Rp. 1,139,423,285,410.00 for education. In education funds are budgeted at IDR 1,221,967,822,087.00. In 2022 the education budget is IDR 1,184,717,529,525.00

The study of each component of the problem under investigation determines the prerequisites for the existence and effectiveness of the impact of legal norms on society, which reflects the main purpose of law and its axiology in civil society. These components are the building blocks that make it possible to comprehensively explore the issues (Pevko, 2023), including analyzing regulatory problems in the field of education that exist in society. The formulation of the problem analyzed and discussed in this research is related to regulations on the implementation of education in the Kutai Kartanagara area, Indonesia and the form of education policy in the Kutai Kartanagara area, Indonesia.

PURPOSE AND OBJECTIVES OF THE RESEARCH

This purpose of the article aims to find out the policies of the regional government of Kutai Kartanegara district, apart from implementing them in accordance with statutory regulations, but there are also visions and missions that are implemented and outlined through the Regional Medium Term Development Plan (RPJMD), namely providing scholarships to students as an effort to reduce poverty in Kutai Kartanegara Regency area, but the fact is that the number of school decisions remains very high. So that the education regulations in the Kutai Kartanegara Regency area with the formation of regional regulations and their implementation are formed by Regent's Regulations which specifically address boskap fees and Regent's Regulations regarding dream kukar scholarships. The implementation of education in Kutai Kartanegara Regency is carried out in accordance with the authority granted by Law Number 23 of 2014 concerning Regional Government. The provision of education is carried out as a mandatory concurrent matter and basic service. This is based on Article 12 paragraph (1) letter a, Law Number 23 of 2014 concerning Regional Government.

METHODOLOGY

The research method used in this research is empirical juridical legal methodology, namely a research method that uses statutory regulations relating to research and field research on education implementation policies in Kutai Kartanegara Regency. The results of the research show that the implementation of education in Kutai Kartanegara Regency is carried out in accordance with the authority granted by Law Number 23 of 2014 concerning Regional Government. The provision of education is carried out as a mandatory concurrent matter and basic service. This is based on Article 12 paragraph (1) letter a, Law Number 23 of 2014 concerning Regional Government. In its implementation, the implementation of education requires a budget used for operations in the context of increasing Human Resources, in accordance with the mandate in Article 31 paragraph (4) of the 1945 Constitution, which states that the State prioritizes the education budget of at least twenty percent of the state revenue and expenditure budget. as well as from regional income and expenditure budgets to meet the needs of providing national education. The Education Policy in Kutai Kartanegara, in this case, is based on the Kutai Kartanegara Regency Government's commitment to increasing human resources through education, especially formal education, which seeks to determine the education budget allocation of 20 % of the Regional Revenue and Expenditure Budget (APBD).

RESULTS AND DISCUSSION

Regulations for the Implementation of Education in Kutai Kartanegara Regency. Since the early 2000s, there has been a dramatic change in educational policies. While the government decentralized the educational administration of primary and secondary schools from central to regional authorities (Kristiansen, Pratikno, 2006), this also applies to the Kutai Kartanegara area. Education in Kutai Kartanegara Regency is regulated by Regional Regulation Number 15 of 2010 due to orders from higher laws and regulations, namely Law No. 20 of 2003 concerning the National Education System. In the 2019 development, Regional Regulation Number 15 of 2010 underwent changes, with Regional Regulation Number 2019 concerning Amendments to Regional Regulations of Kutai Kartanegara Regency Number 15 of 2010 concerning the Education Delivery System.

That all Indonesian laws and regulations relating to constitutional relations, including the field of education (Rumiartha, Astariyani, Indradewi, 2022), are required to be based on higher regulations, including the education regulations that apply in Kutai Kartanagara. The implementation of education in Kutai Kartanegara Regency is carried out in accordance with the authority granted by Law Number 23 of 2014 concerning Regional Government. The provision of education is carried out as a mandatory concurrent matter and basic service. This is based on Article 12 paragraph (1) letter a, Law Number 23 of 2014 concerning Regional Government. is Education.

The Constitution in Indonesia, namely the 1945 Constitution, is the basic basis for the formation of laws and regulations (Rumiartha, Astariyani, Amaral, 2022), one of which is regulations in the field of education. In its implementation, the implementation of education requires a budget used for operations in order to increase Human Resources, in accordance with the mandate in Article 31 paragraph (4) of the 1945 Constitution, which reads: The State prioritizes the education budget of at least twenty percent of the income and expenditure budget. state as well as from regional income and expenditure budgets to meet the needs of providing national education.

The consistency of a policy will have a significant influence on a management process. Likewise, with the consistency of education policies issued by the government (Amri, Rifma, Syahril, 2021), in Kutai Kartanegara the importance of consistency in education policies issued by the regional government. The Kutai Kartanegara Regency Government's commitment to increasing human resources through education, especially formal education, is trying to set an education budget allocation of 20 % of the APBD. The budgeting is proven by Kutai Kartanegara Regency from 2019 to 2023. The budget allocation has exceeded 20 % of the APBD, the following data is obtained: The following is the APBD data for Kutai Kartanegara Regency from 2019 to 2023, as presented in the table below.

The large education budget covers all educational activities, educational operational expenditures including personnel expenditures. However, education as a mandatory basic service matter is intended as a matter based on attributive authority. So that authority in educational matters is absolute in its implementation, including funding.

Table 2

Education Allocation Data Based on APBD Kutai Kartanegara Regency 2019-2023

Source: Kutai Kartanegara Regency APBD 2019-2023

It is important to pay attention to the increasing allocation for education, there are several things that must be considered, namely: a. School dropout rate, b. Several results of the determinants of poverty cause school dropout. That the occurrence of dropping out of school or not going to school is caused by three factors, namely (1) poverty because there are no costs 45.8 %, (2) there are costs but lack of costs 36.4 % and there is, low motivation reaching 17.8 %. Looking at the budget allocation in Operational Cost Assistance and School Investment in Early Childhood Education and Basic Education, one of which is for scholarships, a surprising number of respondents among school principals were 64 % who disagreed.

That the Education regulations in the Kutai Kartanegara Regency area by forming Regional Regulations and their implementation are formed by Regent's Regulations, especially on Assistance

Costs for Operational Costs and School Investments in Early Childhood Education and Basic Education and the Regent's Regulations regarding the Kukar Idaman Scholarship have an impact on Boskap's financial governance and the Scholarship awarding system Dream Kukar which needs to be improved with the aim of making it right on target, designation, use and reporting system. Whereas the Regional Legal Product (PHD) of Kutai Kartanegara Regency regulates matters in the education sector, there is still a need to refine regulations related to education management, curriculum, educators and education personnel, local education licensing, and local curriculum so that they adapt to the national program of independent education and strengthening the governance management system. manage operational cost assistance and school investment in early childhood education and basic education as well as scholarships.

Figure 1 Hierarchy of Legislative Regulations in the Education Sector from the Center to the Kutai Kartanegara Regency Region (Source: Processed by the Team, 2023)

This is a map of legal products, especially the Kutai Kartanegara Regency area related to education matters. These educational affairs are in accordance with the authority possessed in administering educational affairs. Education matters are a mandatory matter and include basic services, so the provision of education according to authority is basic education.

Education Policy in Kutai Kartanegara. The changes in the legal system often occur in response to social changes and the needs of society (Friedman, 1969), this is related to the educational policy regulations required by the community which are determined by the Kutai Kartanegara regional government.

That policy at the public level is aimed at actions taken by the government to promote general (society) attention. Many public (general) policies ranging from taxes, national defense to environmental protection affect business directly. These public policies and programs make the difference between profit and failure (Keith, Frederick, Post, 1998). In determining policies, of course the conditions must also be in accordance with statutory regulations. The education sector in the administration of Regional Government is a concurrent affair which is included in mandatory affairs and basic services. Concurrent affairs are areas of affairs handed over by the Government to regions to implement regional autonomy. Education between policies and statutory regulations should complement each other. Legislative regulations on matters of education determine the limits of authority that are mandatory and can be implemented by the Regency/City Government.

The policy of the Regional Government of Kutai Kartanegara Regency in matters of education is to limit the authority that is shared and as a concurrent matter. In accordance with Law No. 23 of 2014 concerning Regional Government, education policies must not be excessive or have no legal umbrella to regulate them. To see how education policy in Kutai Kartanegara Regency is seen from the Regional Medium Term Development Plan (RPJMD) which is currently regulated by Regional Regulation of Kartanegara Regency Number 6 of 2021.

Vision: “Creating a Prosperous and Happy Kutai Kartanegara Community”

1. Mission 1: Improving a Clean, Effective, Efficient and Serving Bureaucracy;

2. Mission 2: Increasing the Development of Moral, Excellent and Cultured Human Resources;

3. Mission 3: Strengthening Economic Development Based on Agriculture, Tourism and Creative Economy;

4. Mission 4: Improving the Quality of Basic Infrastructure Services and Connectivity between Regions;

5. Mission 5: Improve environmentally sound management of internal resources.

Regarding education policy, it is necessary to see the explanation of Mission 2 concerning Increasing the Development of Moral, Excellent and Cultured Human Resources. Regarding education from mission 1, the programs that directly relate to education are the 1000 Bachelor Teachers Program, the Kukar Idaman Scholarship Program, the Ready to Work Kuka Program, the Cultured Kukar Program, the Etam Mengaji IDAMAN Movement Program (GEMA IDAMAN). These programs are Regional Government policies in the 5 (five) year RPJMD.

The policies contained in these programs, then as a form of commitment of the Regional Head and Deputy Regional Head, namely the Regent and Deputy Regent of Kutai Kartanegara for the 2019-2024 period, must be implemented by the Regional Government Organization (OPD) which is in charge and has a strong legal umbrella. It's just that the justification for this program is not enough to include it in the Regional Regulation which regulates the RPJMD of Kutai Kartanegara Regency.

The success of policy implementation can be seen from the extent to which the policy is implemented effectively. Effectiveness according to William Dunn (2002) is concerned with whether an alternative achieves the expected (accurate) results, or achieves the goal of the action. Effectiveness, which is closely related to technical rationality, is always measured in terms of product or service units. According to Subarsono (2005), the success of policy implementation will be determined by many variables or factors, and each of these variables is interconnected with one another.

As Merilee S. Grindle's (1980), theory states: The success of implementation is influenced by two large variables, namely the content of policy and the implementation environment (context of implementation). Policy content variables include:

1) the extent to which the interests of the target group are included in the policy content;

2) types of benefits received by target groups;

3) the extent of change desired from a policy;

4) whether the location of a program is appropriate;

5) whether a policy has mentioned the implementer in detail;

6) whether a program is supported by adequate resources.

The policy through the education program is still a big question, whether it has been effective and successfully implemented. Meanwhile, there are also those which are not included in the policy but in their implementation also need to be evaluated, namely the Government policy regarding Regional/Regency Operational Costs (BOSDA/ BOSKAB Funds) which are used by schools to finance the operational costs of providing school education.

The education has been offered to be understood as a complex process regulated by the norms of national legislation (Abroskin, 2020), in the context of education policy in Kutai Kartanegara, the policies of the regional government of Kutai Kartanegara district, apart from implementing them in accordance with statutory regulations, but there are also visions and missions that are implemented and outlined through the Regional Medium Term Development Plan (RPJMD), namely providing scholarships to students as an effort to reduce poverty in Kutai Kartanegara Regency area, but the fact is that the number of school decisions remains very high. So that the education regulations in the Kutai Kartanegara Regency area with the formation of regional regulations and their implementation are formed by Regent's Regulations which specifically address boskap fees and Regent's Regulations regarding dream kukar scholarships. The implementation of education in Kutai Kartanegara Regency is carried out in accordance with the authority granted by Law Number 23 of 2014 concerning Regional Government. The provision of education is carried out as a mandatory concurrent matter and basic service. This is based on Article 12 paragraph (1) letter a, Law Number 23 of 2014 concerning Regional Government. In its implementation, the implementation of education requires a budget used for operations in the context of increasing Human Resources, in accordance with the mandate in Article 31 paragraph (4) of the 1945 Constitution, which states that the State prioritizes the education budget of at least twenty percent of the state revenue and expenditure budget. as well as from regional income and expenditure budgets to meet the needs of providing national education. The Education Policy in Kutai Kartanegara, in this case, is based on the Kutai Kartanegara Regency Government's commitment to increasing human resources through education, especially formal education, which seeks to determine the education budget allocation of 20 % of the Regional Revenue and Expenditure Budget (APBD).

This has an impact on Boskap financial governance and the Kukar Idaman Scholarship awarding system which needs to be improved with the aim of making it right on target, allocation, use and reporting system. Whereas the Regional Legal Product (PHD) in Kutai Kartanegara Regency regulates matters in the education sector, there is still a need to refine regulations related to education management, curriculum, educators and education personnel, local education licensing, and local curriculum so that they adapt to the national program of independent education and strengthening the management system Boskap governance and Scholarships.

However, the implementation of regional regulations and regent regulations that regulate educational affairs are still not effective, especially the substance of the process of building the Kukar Idaman scholarship awarding system, because there is no standardization of nominal values according to yearly needs for students in basic education, the institutional (structure) is weak the role of the School Committee in planning and supervising the use of Boskap, and the still strong habit (culture) of society which views education as unimportant in living the future of life.

Therefore, the Regional Government of Kutai Kartanegara Regency carries out legal construction in accordance with current dynamic laws regarding educational matters, including the construction of the Kukar Idaman scholarship award (the application of legal regulations in society), in terms of this research, it examines that the Scholarship is the authority of the Ministry of Education and Culture which carries out its governance management to build a service system for providing and reporting the use of the dream kuka scholarship. Non-attributive scholarships are implemented by governance management in building a scholarship provision service system implemented by the Social Section of the Regional Secretariat. Attributive and Non-Attributive Scholarships contain the Disadvantaged Scholarship and Achievement Scholarship respectively. As well as in building a formal education system in the region by paying attention to the local curriculum (local wisdom) by paying attention to local culture, geography, geosocial and globalization without abandoning noble cultural and religious values.

CONCLUSION

The regulations for implementing education in the Kutai Kartanegara Regency area are by forming regional regulations and for their implementation, regent regulations are formed, especially regarding boss fees and regent regulations regarding the Kukar Idaman Scholarship, these regional regulations and regent regulations are aimed at fulfilling education in reducing poverty. The implementation of education in Kutai Kartanegara Regency is carried out in accordance with the authority granted by Law Number 23 of 2014 concerning Regional Government. The provision of education is carried out as a mandatory concurrent matter and basic service. This is based on Article 12 paragraph (1) letter a, Law Number 23 of 2014 concerning Regional Government. In its implementation, the implementation of education requires a budget used for operations in the context of increasing Human Resources, in accordance with the mandate in Article 31 paragraph (4) of the 1945 Constitution, which states that the State prioritizes the education budget of at least twenty percent of the state revenue and expenditure budget. as well as from regional income and expenditure budgets to meet the needs of providing national education. The Education Policy in Kutai Kartanegara, in this case, is based on the Kutai Kartanegara Regency Government's commitment to increasing human resources through education, especially formal education, which seeks to determine the education budget allocation of 20 % of the Regional Revenue and Expenditure Budget (APBD). That the policies of the Regional Government of Kutai Kartanegara Regency apart from carrying out according to statutory regulations, there are also things that are carried out based on the vision and mission outlined in the Regional Medium Term Development Plan (RPJMD) within a period of 5 (five) years which focuses on school operational costs (Boskab) and providing scholarships to students as an effort to reduce poverty in the Kutai Kartanegara Regency area and in fact the school dropout rate is still very high.

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