ARGUMENTATIVE

THE LAW OF BHP (BADAN HUKUM PENDIDIKAN)

The Way to Compete in Education

One of the developments of education in Indonesia was the ratification of Rancangan Undang-Undang Badan Hukum Pendidikan (RUU BHP) become Undang-Undang Badan Hukum Pendidikan (UU BHP) on 17^th of December 2008 by Dewan Perwakilan Rakyat (DPR) RI. UU BHP (Law of Corporate Body of Education) places the educational institutions as subjects of law which have large autonomy in academic and non-academic without worrying to the relationship to other bureaucracy. Autonomy which is given by the law of BHP must be based on the principles of accountability, transparency, and there is no commercialization in BHP. However, behind the idealism and the purpose of the law of BHP, a conflict is raising. Some people agree to the law of BHP, but the others argue that the law of BHP will make a better future for the education in Indonesia. How does the conflict between pro and contra to the law of BHP?

The government stated that the law of BHP states the commitment of the government to help the educational institution is never decreased but increased. This law is the way how the government develops the education by giving large autonomy so that the campuses in Indonesia will be more independent in doing their activities. It can be realized by applying School based Management (CbM) in elementary and intermediate school and autonomy in higher education. Some educational observers said that by applying BHP, creativity, innovation, quality, and flexibility in education will be well developed. The purpose of this law is to realize the independency in education. It is closely related to the main purpose of national education that is building a national educational system which is better, steadier, more independent, and more developed through local potential development and participation from the local people optimally (www.ditpertais.net: 2009). This main purpose of national education becomes the basic of the law of BHP which gives independency for education, from elementary until the higher level of education.

The supporters of this law said that the role of School based Management in BHP is very important. It is because the most significant aspect of education is the implementation of more creative, innovative, and productive education. In this context, the autonomy of education is given. For example the relationship between lecturer as the human source educator and the students as the human source educated. This role needs to be realized by the campus as the producer of better human source who has higher talent, professionalism, and independency. They also said that BHP with its CbM will solve the problem of national education of Indonesia like the low quality of education, the low distribution of education, and the weakness of educational management. Why those problems can be solved by BHP law? They said that it is because the campuses and the students will be more motivated to improve their quality so that they can compete in this globalization era. The talent to compete is determined by the high quality of education.

However, behind the idealism and the purpose of BHP law, the opponents of this law which comes from many people, many higher students, and some educational observers argue the law of BHP. They said that BHP is only a product of law which is not more than an alibi of the government who is careless to the national education. By implementing this law, the educational institutions will be more commercial rather than improving the output. The higher education payment will be more expensive because the government gives independency to the educational institution especially to the higher education. The higher schools will easily increase their income by establishing the more expensive payments to the students. What are the results will be? Of course, the ones who want to continue their study will find difficulties in financial. There will be many clever students who cannot continue their education because they cannot pay the school payments. However, the future students will be those who can pay more even though they have low intelligent.

They also said that since the ratification of BHP law, there are many higher schools in Indonesia use their autonomy to increase their quality. Of course, it is done by increasing the school payments. There is also the section 41 line 7 of BHP law which states that the students will only pay one and third of operational fee. This is very dangerous because by using this section of BHP, the higher school will easily increase their costs. In the future, there will be many students who cannot continue their study to the higher school. There will be many clever students who are uneducated.

The supporters of BHP law object the arguments of those who are argue to the law of BHP. They said that the ones who argue the law of BHP, it is because they do not understand the materials in BHP yet. It is also because they do not know the law of BHP clearly. They only see the law from one side by exposing only the weaknesses of this law without considering the advantages of this law for education. The supporters of this law said that there must be a changing to compete in this globalization era. And the law of BHP is they way how we compete with the other country especially in education so that we can increase our human sources.

Generally, the law of BHP is good. It is the way to compete in education. By implementing this law, the educational institution can improve their quality by innovations in education. This law is the way how the government tries to develop the education in Indonesia by giving autonomy to the educational institutions so that they can be more independent. This law needs to be implemented to increase the national education of Indonesia so that the human sources cab be increased and can compete to other countries. Note that review of this law is still needed to make every section in this law clearer so that the ones who argue to this law will agree and support the implementation of this law.