Legal Politics as a Component for Improving the Minimum Service

Standard for Early Childhood Education in Indonesia

Nia Nurhasanah and Tuti Widyaningrum

Doctoral Study Program in Legal Sciences, Faculty of Law, Universitas 17 Agustus 1945 Jakarta, Indonesia

Keywords: Early Childhood Education, Legal Politics, Minimum Service Standards.

Abstract: The fourth paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia outlines the ideals

that were intended to be actualized as a unified nation incorporated its composition. Article 28 C paragraph

(1) of the 1945 Constitution of the Republic of Indonesia declares that every individual shall have the inherent

right to cultivate themselves through fulfilling their fundamental necessities, shall be entitled to gain an

education and benefit from scientific and technological, artistic and cultural advancements, to enhance the

standard of living for themselves and for the betterment of humankind. Basically, education aims to develop

capabilities and shape dignified national character and civilization in order to educate the life of the nation,

the world of education towards the sustainability of the nation so that continuous innovation is carried out for

the success of the world of education. Early Childhood Education is a coaching effort aimed at children from

birth up to the age of 6 (six) years, which is most appropriate in developing early childhood education, namely:

physical-motor, cognitive, social-emotional, language, moral and religious aspects. Furthermore, Article 11

of Government Regulation Number 2 of 2018 concerning Minimum Service Standards explains that the

Regional Government applies the SPM to fulfill the types of basic services and the quality of basic services

that every citizen is entitled to at a minimum. The purpose of the SPM itself is to guarantee that people receive

a public service from the local government with a certain quality. In the field of education, SPM includes

provincial regional education and district/city regional education SPM. Types of Basic Services in provincial

education MSS consist of secondary education and special education. The focus of this research is to look at

legal politics in implementing MSS fulfillment in early Childhood Education.

1 INTRODUCTION

Education is the most important part of national life.

This is reflected in the ideals of establishing a state

known as the national goals contained in the

Preamble to the Undang-Undang Dasar, 1945 of the

Republic of Indonesia, hereinafter referred to as the "

Undang-Undang Dasar, 1945" in the fourth

paragraph, namely: a) protecting the entire

Indonesian nation and all of Indonesia's bloodshed,

b). promote general welfare c). to educate the life of

the nation and d) participate in implementing world

order based on independence, eternal peace, and

social justice, where these ideals will be implemented

in one structure of the Republic of Indonesia which

stands on five principles, namely Pancasila.

Furthermore, Article 28 C paragraph (1) of the

Undang-Undang Dasar, 1945 mandates that every

person has the right to develop himself by fulfilling

his basic needs, has the right to receive education and

obtain benefits from science and technology, art, and

culture, in order to improve the quality of his life and

for the welfare of humanity (Undang-Undang Dasar,

1945).

This mandate was then confirmed in Article 31

paragraph (1) which states that "every citizen has the

right to education". In line with this, the Government

seeks and implements a national education system

that increases faith and devotion to God Almighty as

well as noble morals in order to make the nation's life

more intelligent as regulated by law.

To achieve the national goals and mandate of the

1945 Constitution, one of which is to make the

nation's life intelligent within the framework of

carrying out state administration and in relation to

making the nation's life intelligent, is through

education. Education is the main factor that has an

important role for the Indonesian people, because

with education, Indonesian people can gain

intelligence, abilities, skills so that they are

522

Nurhasanah, N. and Widyaningrum, T.

Legal Politics as a Component for Improving the Minimum Service Standard for Early Childhood Education in Indonesia.

DOI: 10.5220/0012583500003821

Paper published under CC license (CC BY-NC-ND 4.0)

In Proceedings of the 4th International Seminar and Call for Paper (ISCP UTA ’45 JAKARTA 2023), pages 522-526

ISBN: 978-989-758-691-0; ISSN: 2828-853X

responsible for fulfilling their independence and

carrying out development. This is stated in Law

Number 20 of 2003 concerning the National

Education System, hereinafter referred to as "UU

Sisdiknas", that: education is a conscious and planned

effort to create a learning atmosphere and learning

process so that students actively develop their

potential to have strengths. spiritual, religious, self-

control, personality, intelligence, noble character, and

skills needed by himself, society, nation, and state.

Basically, education aims to develop abilities and

shape the character and civilization of a dignified

nation to make the nation's life more intelligent,

aimed at developing the potential of students to

become human beings who have faith and are devoted

to God Almighty, have noble character, are healthy,

knowledgeable, capable, creative and become

democratic and responsible citizens.

The world of education is so important for the

sustainability of the nation, that innovation is

continuously carried out for the success of the world

of education. Especially to fulfill people's rights to get

access to education. Kementerian Pendidikan,

Kebudayaan, Riset dan Teknologi

(Kemendikbudristek) continues to innovate and

strives so that the existing education system can

produce human resources who have the competencies

needed in the future, have global competencies, and

behave in accordance with the values of Pancasila.

This is in line with the vision of the Ministry of

Education and Culture, namely creating Pancasila

students who reason critically, are creative,

independent, have faith, are devoted to God Almighty

and have noble character, work together and have

global diversity (Undang-Undang Dasar, 1945;

Laporan Kinerja Kementerian Pendidikan,

Kebudayaan, Riset dan Teknologi, 2021).

In accordance with the National Education System

Law article 13 Paragraph 1, education pathways in

Indonesia are divided into three, namely formal

education, non-formal and informal education which

can complement and enrich each other. Formal

education is a structured and tiered educational path

and consists of basic education, secondary education,

and higher education. Non-formal education is an

educational path outside formal education that can be

implemented in a structured and tiered manner. Non-

formal education has a very important role because

non-formal education is provided and functions to

develop students' potential with an emphasis on

mastering knowledge and functional skills as well as

developing social attitudes and personalities. Non-

formal education includes life skills education, early

childhood education, youth education, women's

empowerment education, literacy education, skills

education and job training, equality education, and

other education aimed at developing students'

abilities.

Early Childhood Education is a form of education

that focuses on laying the foundation for growth and

development, both motor coordination (fine and

gross), emotional intelligence, multiple intelligences,

and spiritual intelligence. PAUD is a coaching effort

aimed at children from birth to the age of 6 (six) years

which is carried out through providing educational

stimuli to help physical and spiritual growth and

development so that children are ready to enter

further education (Yoshikawa et al., 2020; Minister of

Education, Culture, Research and Technology

Regulation, 2022).

Understanding of the importance of the early

childhood period in children has developed

significantly in recent decades, with an increasingly

rich disciplinary base that includes health, nutrition,

education, neuroscience,

linguistic development and parenting. Various

studies (UNICEF, 2018; Britto, Yoshikawa & Boller,

2011) have shown that the age from birth to eight

years is a very important age for the formation of the

foundations of various children's basic abilities,

starting from motoric and cognitive abilities., to

social abilities (Lu et al., 2020; Perrin et al., 2020;

Yoshikawa et al., 2020). Brain architecture is formed

before birth and will continue to develop into

adulthood, but the stimulation received at an early age

will determine the quality of the framework. The

nervous system, brain cells and neural networks form

rapidly in the time span of children aged 0 to 8 years

(more than 1 million neural connections are formed

every second). After this period has passed, the

number of connections will naturally decrease to form

a more efficient flow circuit for the development of

visual and hearing sensory pathways, then language

abilities, and other cognitive functions.

2 METHODS

Legal research methods have different characteristics,

empirical legal research consists of research on legal

identification and research on legal effectiveness

(Sunggono, 2003; Suratman and Dillah, 2008).

Empirical research must also look at and review the

values that exist in society with applicable laws and

regulations as well as normative legal research

consisting of research on legal principles, research on

legal systematics, research on the level of legal

synchronization, legal history research and research

Legal Politics as a Component for Improving the Minimum Service Standard for Early Childhood Education in Indonesia

523

comparative law.

Furthermore, the research method used in this

research is a normative juridical method. The

normative juridical method is an approach based on

the main legal material by examining theories,

concepts, legal principles, expert opinions and

statutory regulations related to this research

(Muhammad, 2004; Anam, 2017). The normative

juridical research method uses secondary sources, the

data is in the form of library materials in the form of

documents, books, reports, archives and literature

(Ceria, 2010; Isnaina, 2021; Syahrum, 2022). The

data analysis technique used is qualitative analysis,

which is a technique that describes and interprets

legal material that has been collected to provide a

general and comprehensive picture of the actual

situation.

3 RESULTS AND DISCUSSION

Success in implementing decentralization for a

country with a large population like Indonesia is very

dependent on the right concept and mechanism in the

relationship and intervention of the Central

Government with Regional Government, including

monitoring mechanisms in the implementation of

public service delivery. For the implementation of

Government Affairs handed over to the regions to run

in accordance with national policy, the President is

obliged to provide guidance and supervision over the

administration of regional Government. One concept

for implementing supervision over the duties and

obligations of Regional Governments is to introduce

the concept of Mandatory Government Affairs for

Regional Governments related to SPM (Ministry of

Home Affairs, 2008; Syam et al., 2021).

The position of SPM needs to be known to

distinguish it from various government affairs

determined by the Government. Government affairs

are government functions which are the rights and

obligations of every level and/or structure of

government to regulate and manage these functions

which are within their authority in order to protect,

serve, empower and prosper the community (Ministry

of Home Affairs, 2008; Saptaningtyas, 2008;

Affandri, 2022). Judging from the definition above,

government affairs exist at each level of government

which has the authority to regulate and manage its

government affairs.

Figure 1: SPM position.

There are several important changes related to

the issuance of Government Regulation Number 2 of

2018 concerning Minimum Service Standards (SPM),

although contextually the meaning of SPM has not

changed, namely that SPM is a provision regarding

the Types of Basic Services and Quality of Basic

Services that every citizen has the right to obtain.

minimally, but there are fundamental changes in the

regulations regarding Types of Basic Services and

Quality of Basic Services, criteria for determining

SPM, and implementation mechanisms.

Basic Service Types

Basic Service Type is a type of service in the context

of providing goods and/or services for basic needs

that students are entitled to obtain at a minimum

(Aprilla, 2020; Affandri, 2022; Nabilla, Putera &

Koeswara, 2023). The determination and regulation

of Basic Service Types has been determined in

Government Regulation no. 2 of 2018 concerning

Minimum Service Standards and is not delegated and

is not regulated in other laws and regulations. In this

Regulation, 6 (six) SPMs have been established,

namely: 1). SPM education; 2). SPM health; 3). SPM

public works; 4). SPM public housing; 5). SPM for

peace, public order and community protection; and

6). SPM Social.

Basic Service Quality

Determining the details of the quality of basic

services is determined by each relevant Minister who

carries out Government affairs in accordance with the

main duties and functions of the relevant ministry,

and the arrangements made by the relevant ministry

are regulations regarding SPM technical standards.

Service quality is determined by technical standards,

namely referring to: standards for the quantity and

quality of goods and/or services; and standards for the

number and quality of personnel/human resources.

Determination of SPM is carried out based on criteria

for basic goods and/or services which are absolute

ISCP UTA ’45 JAKARTA 2023 - THE INTERNATIONAL SEMINAR AND CALL FOR PAPER (ISCP) UTA ’45 JAKARTA

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and easy to standardize for needs in financing

planning.

3.1 Implementation of Legal Politics to

Fulfill Minimum Service Standards

for Early Childhood Education in

Indonesia

Success in implementing legal politics SPM PAUD in

Indonesia as a country with a large population is very

dependent on the right concepts and mechanisms in

the relationship and intervention of the Central

Government with Regional Governments, including

monitoring mechanisms in the implementation of

public service delivery.

Public Services The sixth basic element that forms

regional government is "public services". The final

result of regional government is the availability of

"goods and services" which can be divided into two

classifications according to the final results produced

by regional government. First, regional governments

produce public goods, namely goods for the benefit

of local communities, such as; roads, bridges,

irrigation, school buildings, markets, terminals,

hospitals and so on. Second, regional government

produces services that are public regulatory in nature,

such as; issue birth certificates, identity cards, family

cards, building permits, and so on. Basically, public

regulation is intended to create peace and order in

society.

Supervision The seventh basic element that forms

regional government is "Supervision". The argument

for supervision is that there is a tendency to abuse

power as per Lord Action's adage "Power tends to

corrupt and absolute power will corrupt absolutely".

To prevent this, the supervisory element has a

strategic position to produce clean government.

4 CONCLUSIONS

Based on the previous explanation related to the legal

politics of fulfilling SPM PAUD in Indonesia, which

takes the form of making laws or replacing old laws

for fulfilling SPM PAUD, which already exist but

changes are needed, namely: (1) Law no. 23 of 2014

concerning Regional Government; (2) Government

Regulation no. 2 of 2018 concerning Minimum

Service Standards; (3) Minister of Home Affairs

Regulation No. 59 of 2021 concerning

Implementation of Minimum Service Standards; (4)

Minister of Education and Culture Regulation No. 32

of 2022 concerning the Implementation of Technical

Standards for Minimum Education Services.

Regarding SPM Education, it aims to provide

guidance to Regional Governments in meeting the

basic needs of students according to their level and

educational path. With such a target, legal uncertainty

will arise regarding the implementation of SPM and

as time goes by and the socio-political conditions that

occur, this can influence the implementation of SPM

policies in the regions. In terms of the validity aspect

of norms, the implementation of SPM PAUD

regulated by Minister of Education and Culture

Regulation No. 32 of 2022 concerning the

Implementation of Minimum Education Service

Technical Standards, which are stipulated by a

Ministerial Regulation, in essence there are problems.

This is because the Ministerial Regulation is a

regulation that falls into the category of Policy

Regulations and does not fall into the category of

Legislative Regulations as mandated by higher legal

norms, namely the provisions of Article 11 paragraph

(3) of Law Number 32 of 2004 concerning Regional

Government.

REFERENCES

Affandri, B. B. (2022). Formulasi Pemenuhan Standar

Pelayanan Minimal Pendidikan Anak Usia Dini

Berdasarkan Regulasi Permendikbud 32 Tahun 2018 Di

Kabupaten Lamongan. Otonomi, 22(2), 410-424.

Anam, S. (2017). Pendekatan Perundang-Undangan

(Statute Approach) Dalam Penelitian Hukum.

Siafulanam & Partners: Advocates & Legal

Consultants.

Aprilla, G. G. (2020). Analisa Kebijakan Standar Pelayanan

Minimal Pelayanan Kesehatan Balita Kota Depok

Menurut Segitiga Kebijakan Kesehatan. Jukema

(Jurnal Kesehatan Masyarakat Aceh), 6(2), 95-105.

Britto, P. R., Yoshikawa, H., & Boller, K. (2011). Quality

of Early Childhood Development Programs in Global

Contexts: Rationale for Investment, Conceptual

Framework and Implications for Equity. Social Policy

Report. Volume 25, Number 2. Society for Research in

Child Development.

Ceria, A. (2010). Kajian yudiris pelepasan aset

pemerintahan kota Surakarta yang berupa tanah dalam

rangka pelaksanaan program pembaharuan agraria

nasional (studi kasus pelepasan hak pakai nomor 11

silir di kelurahan semanggi kecamatan pasar kliwon).

Isnaina, N. (2021). Perlindungan Hukum Terhadap

Pemegang Hak Cipta Terkait Pembajakan

Sinematografi Di Aplikasi Telegram.

Laporan Capaian Standar Pelayanan Minimal Kabupaten

Banjarnegara Tahun 2021. (2022). Banjarnegara.

Laporan Capaian Standar Pelayanan Minimal Kabupeten

Buleleng Tahun 2021. (2022). Buleleng.

Legal Politics as a Component for Improving the Minimum Service Standard for Early Childhood Education in Indonesia

525

Laporan Standar Pelayanan Minimal Pendidikan

Kabupeten Bangka Selatan Tahun 2021. (2022).

Bangka Selatan.

Laporan Standar Pelayanan Minimal Bidang Pendidikan

Kabupaten Banyuwangi Tahun 2021. (2022).

Banyuwangi.

Laporan SPN Dinas Pendidikan, Pemuda dan Olahraga

Kabupaten Karawang Tahun 2021. (2022). Karawang.

Lu, C., Cuartas, J., Fink, G., McCoy, D., Liu, K., Li, Z., ...

& Richter, L. (2020). Inequalities in early childhood

care and development in low/middle-income countries:

2010–2018. BMJ Global Health, 5(2), e002314.

Muhammad, A., & Niaga, H. P. (2004). Hukum dan

Penelitian Hukum, Bandung: PT. Citra Aditya Bakti.

Muhammad Syahrum, S. T. (2022). Pengantar Metodologi

Penelitian Hukum: Kajian Penjaminan Mutu Internal

Di Universitas Islam Nusantara. Al-Fikrah: Jurnal

Manajemen Pendidikan, 8(2), 147-156.

Undang-Undang Dasar Republik Indonesia Tahun 1945.

Undang-Undang Nomor 12 Tahun 2011 Tentang

Pembentukan Peraturan Perundang- Undangan.

Lembaran Negara Republik Indonesia Tahun.

Penelitian Normatif, Empiris, Penulisan, 20 Tahun 2003

Tentang Proposal, Laporan Skripsi dan Tesis. CV.

Dotplus Publisher.

Nabilla, N., Putera, R. E., & Koeswara, H. (2023). Sistem

Pendidikan Nasional. 23 Tahun 2014 Tentang

Pemerintah Daerah.

Analisis Manajemen Pengeluaran Publik. 32 Tahun 2004

Tentang dalam Standar Pelayanan Minimal Bidang

Pendidikan di Kota Bukittinggi. Jurnal Manajemen dan

Ilmu Administrasi Publik (JMIAP), 5(2), 215-225.

Perrin, J. M., Lu, M. C., Geller, A., & DeVoe, J. E. (2020).

Vibrant and healthy kids: Aligning science, practice,

and policy to advance health equity. Academic

Pediatrics, 20(2), 160-162.

Saptaningtyas, H. D. (2008). Kajian Kesesuaian antara

Permintaan dan Penyediaan Lembaga Pendidikan

Anak Usia Dini Jalur Non Formal di Kecamatan Jebres

Kota Surakarta (Doctoral dissertation, Program

Pascasarjana Universitas Diponegoro).

Syam, R. Z. A., Sauri, R. S., & Indah, R. N. (2021).

Strategi Peningkatan Mutu Lulusan Prodi Paud Melalui

Pelaksanaan Sistem Pemerintahan Daerah. Direktorat

Jenderal Otonomi Daerah, Jakarta.

Unicef. (2018). Progress for every child in the SDG era.

Yoshikawa, H., Wuermli, A. J., Britto, P. R., Dreyer, B.,

Leckman, J. F., Lye, S. J., ... & Stein, A. (2020). Effects

of the global coronavirus disease-2019 pandemic on

early childhood development: Short-and long-term

risks and mitigating program and policy actions. The

Journal of pediatrics, 223, 188- 193.

ISCP UTA ’45 JAKARTA 2023 - THE INTERNATIONAL SEMINAR AND CALL FOR PAPER (ISCP) UTA ’45 JAKARTA

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