Karya Ilmiah
DISERTASI (209) - Penegakan Hukum Pelaksanaan Alokasi Anggaran Dalam Penyelengaraan Pendidikan Nasional
Education is one of the most fundamental rights that every citizen must
have. The form of fulfillment of citizens' rights in obtaining quality education as a
whole depends on the budget aspect. Article 31 Paragraph (4) of the 1945
Constitution explicitly mentions the number of 20 percent of the fulfillment of the
education budget as a guarantee of citizens' educational rights. In this dissertation
research method used is normative juridical with of statute approach (statute
approach), conceptual approach (approach concept), and case approach (case
approach). In this dissertation is concluded (1) The weakness in the philosophical
foundation of the national education budget allocation, namely the 20 percent rigit
number on the 1945 Constitution norm is the result of amendments that are not
ripe and hasty, because it does not lead to a holistic reading of the masterplan of
national education budget. (2) The principles of management of education budget
are Principle of Justice, Principle of Efficiency, Principle of Transparency,
Principle of Public Accountability, and Effectiveness Principle. (3) Law
enforcement of 20 percent allocation of national education budget shall be
administrative sanctions imposed pursuant to Law Number 23 of 2014 on
Regional Government. However, the enforcement of sanctions is constrained by
the product of the Act itself, because it has not touched the aspect of the substance
of educational equity and the improvement of education quality. Legal reforms are
needed, including through the acceleration of the revision of legislation
organically to ensure the completion of educational access, and priority sanctions
on education funding in all education programs in accordance with the needs of
regional education development. From these conclusions it is suggested (1) It is
necessary to provide opportunities for the fifth amendment of the 1945
Constitution. (2) The need to improve the quality of education quality and
simultaneously equitable access to education based on clean and good
governance. (3) There needs to be strict supervision on the draft APBD by the
Central Government by involving the community.
Key Word: Budget, Education, Enforcement.
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