LEGAL FRAMEWORK IN THE FULFILMENT OF RIGHT TO EDUCATION AS CONSTITUTIONAL RIGHT OF CITIZENS IN BORDER AREA OF NUNUKAN-NORTH KALIMANTAN PROVINCE (Comparison Study and Legal Framework of Right to Education of Citizens in Border Area of Indonesia-Sabah, Mala

Abstract

The issues was found based on research results in the first year of the model of the ful- fillment of the right to education as a constitutional right of citizens in the Nunukan- North Kalimantan Province. The research addresses the policies and models of the ful- fillment of the right to education there are still various weaknesses, especially related to the implementation of policies has been contained in the Local Regulations, even wors- ened by the neglect of border area management principles based on the fulfillment of the right to education that will break the poverty chain, and will strengthen the orienta- tion of border area management based on the welfare of the people. This is of course very interesting when compared to Malaysia's neighboring state Sabah in the fulfillment of the right to education concerning the availability, affordability, acceptance, and con- formity of education.

The main issues be discussed in this study are how is comparative policies and how os comparison of the framework in the fulfillment of the right to education as a constitu- tional right of citizens in the border region of Nunukan Indonesia and Sabah Malaysia.

This research is a comparative law study so that it will provide a new policy model of border area management based on the fulfillment of the right to education.

The results of this study conclude that the Malaysian government's policy of opening and developing the port of Tawau at the end of the 19th century and the port of Tawau is the third major destination in Sabah after Kota Kinabalu and Sandakan as evidence that the management of its border areas using the prosperity approach has brought prosperity to Malaysian citizen who is on the border of his country and this is directly proportional to the strengthening of human resources through the Infrastructure and quality of education of his country. The results of the Model comparison indicate that The results of this study conclude that the Malaysian government's policy of opening and developing the port of Tawau at the end of the 19th century and the port of Tawau is the third major destination in Sabah after Kota Kinabalu and Sandakan as evidence that the management of its border areas using the prosperity approach has brought prosperity to Malaysian citizen who is on the border of his country and this is directly proportional to the strengthening of human resources through the Infrastructure and quality of education of his country. The results of the Model comparison indicate that

The aim of this research is not only for the development of science, especially the knowledge of Indonesian border region, but also contributes as a reference for the government related to the policy of border area management in Indonesia, particularly the reference for Local Govenrmment of Nunukan.

Keywords: Citizen in Border Area; Comparison of Legal Framework; Right to Educa- tion

PRELIMINARY

STUDY BACKGROUND In line with the authority of border other countries, and related to border area management in Law no. 23 of 2014 management in affirming that the Central on Regional Governance is specifically Government Authority in the border re- regulated in Chapter XVI Part Two of the gion includes all authority on the man- State Border Area, where the State border agement and utilization of border areas in area is defined as the outermost Sub- accordance with the provisions of the laws districts directly adjacent to other on the territory of the state. countries, and related to border

The authority of the regional gov- management in affirming that the Central ernment is limited to the delegation of au- Government Authority in the border thority given by the Central Government region includes all authority on the to the Governor as the representative of management and utilization of border the Central Government. The limited areas in accordance with the provisions of means an authority solely for coordination the laws on the territory of the state.

of the implementation of border area de- This research is in line with the au- velopment based on the guidelines set by thority of border area management in Law the Central Government. Regarding the no. 23 of 2014 on Regional Governance is role of the Regent / Mayor in border man- specifically regulated in Chapter XVI Part agement is limited to assist the Governor Two of the State Border Area, where the as the representative of the central gov- State border area is defined as the outer- ernment. This is affirmed in Article 361

most Sub-districts directly adjacent to paragraph (5) which states: "In coordinat- most Sub-districts directly adjacent to paragraph (5) which states: "In coordinat-

a representative of the Central Govern- in the fulfillment of the right to education ment assisted by the regents / mayors". as a constitutional right of citizens in the Regents / Mayors in providing assistance border area of Nunukan Regency, North in the implementation of the border area Kalimantan Province was found that man- development, in principle can assign the agement policy border is the Central Gov- district head in the border region. Thus, ernment Authority covering all authority we can see that the Law no. 23 of 2014 on on the management and utilization of bor- Regional Government explains, the man- der area. The authority of local govern- agement and development of border areas ment is limited to the delegation of au- so as not to lag behind with the progress thority given by the Central Government of border areas in neighboring countries is to the Governor as the representative of the obligation of the Central Government.

the Central Government in the framework Besides that provision, authority of of limited coordination of the implementa- the regional govenrment also covered by tion of border area development based on the Law No 43 of 2008 on The Territory the guidelines set by the Government Cen- of The State, particularly in Article 11 ter. Regarding the role of the Regent / stated that the local government, both Mayor in border management is limited to provincial and district / municipal gov- assisting the governor as a representative ernments In the management of the State of the central government. In doing so, the Territory and Border Area have the au- policy of the government and local gov- thority to implement the Government pol- ernment in the framework of fulfilling the icy and set other policies in the context of right to education of citizens in the border autonomy regional and co-administration area. Strictly speaking in the Law on Na- tasks.

tional Education System stated that: The These authority of regional govern- government and local government have ment implemented every regional gov- the right to direct, guide, assist and super- ernments in Indoensia, Based on the re- vise the implementation of education. sults of research in the first year relate to Governments and local governments shall the issue of how is the policy of local provide services and facilities, as well as government in the framework of fulfilling ensure the quality of education for every

citizen without discrimination, and the wards the fulfillment of the right to educa- government and regional governments tion, the government must do several shall ensure the availability of funds for things, namely: First, the improvement of the implementation of education for every education quality. Second, participation citizen aged seven to fifteen years, Gov- and transparency. Third, improving the ernment efforts particularly Nunukan Dis- quality of educators. Quality improvement trict Government of North Kalimantan is done by guaranteeing the certainty of Province in order to provide services and the legal status of teachers in the border facilities, and ensure the implementation area. Fourth, the Allocation of Education of quality education for every citizen Funding is equally and proportionally. In without any discrimination has been addition, increasing effectiveness and ef- poured in the regional regulation of ficiency in the allocation of equitable edu- Nunukan District number 05 of 2012 on cation funds. Management and Implementation of Edu-

The findings of this study are very cation. The Border Management Model is important. Accoding to the research con- carried out with a Three Dimensional ducted in relation to the following issues Comprehensive Approach that is Welfare, are: How is the comparation of the policy Security and Environment, which is done of fulfilling the right to education of citi- using a welfare-oriented approach that is zens in the border region between Indone- harmonious with two other security- sia and Malaysia (Sabah)? And how does oriented and environmental-oriented ap- the Model compare with the fulfillment of proaches, so that the Legal Model of com- the right to education as a constitutional pliance the right to education as a consti- right of citizens in the border regions of tutional right of citizens in the border re- Nunukan Indonesia and Sabah Malaysia? gion of North Kalimantan Province

RESEARCH METHOD Nunukan Regency should be based on the

The type of this research is a com- principle of human rights obligations of

parative law study, so this article com- Availability (Availability) Education, Ac-

pares between Indonesian management cessibility (Affordability) education, Ac-

and Malaysian government related to the ceptability (education), Adaptability (edu-

fulfillment of the right to education. The cation) education. The Law of Border

primary legal material is in the form of Management Model which is oriented to-

legislation relating to the issues to be stud- legislation relating to the issues to be stud-

in the world. The capital of Malaysia is Kuala Lumpur, a strategically located city

RESULT AND DISCUSS and the most advanced modern city in

Comparative Policy on Fulfillment of Malaysia. In addition there is also a city the Right to Education of Citizens in that serves as the administrative capital of Border Areas Between Indonesia and Malaysia's federal government of Putraja-

Malaysia (Sabah)

ya City. Although many of the executive and judiciary branches of the alliance

Management of Malaysia's State Bor-

government have moved to Putrajaya (to

der Area

avoid congestion in Kuala Lumpur), but Malaysia is one of the Southeast

mud is still regarded as the capital of Ma- Asian Countries whose territory is divided

laysia's legislature because that is where into two (2) namely Peninsular Malaysia

the Parliament of Malaysia stands. In ad- (Peninsular Malaysia) and in the northern

dition to Kuala Lumpur's legislative capi- part of Borneo island (Kalimantan). These

tal is also the center of trade and finance two areas are separated by the South Chi-

of Malaysia. 2

na Sea and these two separate regions Malaysia is one of the 43rd ranked

share a geographical form of sloping sea- countries in the order of the most popu-

front to dense forests and high hills. The lous countries, this is in line with the vast

highest peak in Malaysia (and Kaliman- landscape, in terms of the size of Malay-

tan) is Mount Kinabalu which is as high as

1 sia's 66th place compared to the densely 4,095.2 meters in the state of Sabah.

populated countries of the world. The The history of Malaysia shows that

population of Malaysia is about 27 million the location of its strategic Peninsula

and the total area exceeds 320,000 km². makes it a busy area of trade traffic. Tan-

The population distribution is certainly

1 Khoridatul Anissa, Malaysia Macan Asia

based on differences between different

(Ekonomi, Politik, Sosial-Budaya & Dinamika Hubungannya dengan Indonesia , (Yogyakarta, Garasi,2009), page. 24.

2 Ibid, Page 25 2 Ibid, Page 25

The following table shows the dis- laysia consists of states: Johor, Kedah, tribution of the population in each State Kelantan, Melaka, Negeri Sembilan, Pa- and territory of the partnership which is hang, Perak, Perlis, Penang or Penang, also the basis of the Malaysian govern- two communal areas namely (Putra Jaya ment in establishing its border manage- and Kuala Lumpur), Selangor, and Teren- ment policy. ganu. While eastern Malaysia is located

Table 1. Distribution of Population In Each State and Territory of the Guild in Malaysia

Urban

Chinese India States

Wide

Population

Bumi

Population

popula-

(Km²)

density

Putra

tion

Selangor 4.188.876

35,7 19,6 Johor

35,4 6,9 Sabah

13,2 0,5 Serawak

26,7 0,2 Perak

37,0 20 Kedah

14,9 7,1 KL

46,5 13,4 Penang

61,5 10,6 Kelantn

3,8 0,3 Pahang

17,7 5,0 Tereng-

2,8 0,2 Negeri

ganu 898.825

Sembilan 859.924

25,6 16,0 Malacca

29,1 6,5 Perlis

Source: Department of Statistics Malaysia (National Census of Malaysia Year 2000)

The table above shows that the coun- measured involving 528 border markers try that borders directly with Indonesia where 27 of them have been planted. 3 especially Nunukan Regency of North

The management of border areas in Borneo is Sabah and Sarawak state, the Malaysia, especially in Sabah, is basically population of Sabah is 2,603. 485 with an inseparable from the existence of the area of 73,619 (Km²).the density of Sabah equivalent Community in Sabah, which population is 35 with urban population regulates the management of the equiva-

48.0, where the percentage of the lent area. Agreement on the adoption of a bumiputera is 80.5%, chinese 13.2% and signed political border to separate clearly india 0.5%. The Serawak population and formally the territory between modern 2,071,506 with an area of 2,071,506 countries. Determination of the political (Km²).the percentage of the Bumiputera in border between the nation that separates Sarawak was 72.9%, while China 26.7% the territory of Malaysia from the territory and India 0.2%.

of Indonesia has been based on the fol-

The border between Malaysia and In- lowing conventions and agreements:

donesia has been measured through a 1. The Boarding Convention signed in credible official institution, the Chairman

London on 20 June 1891. of Setiausaha Ministry of Original Re- 2. The imperial convention signed in sources and Nature Around Malaysia, Da-

London on 28 September 1951; and tukSuboh bin MohdYassin said that up to 3. The imminent Convention signed at 2007 has been done and determined 218.4

The Hague on 26 March 1928. km boundary border in the East Kaliman-

The distance between borders on the tan-Sabah involving 2,661 border markers

island of Borneo between Malaysia (Sa- (border). "Of these 1,498 borders have

bah and Sarawak) and Indonesia (Kali- been made by planting due to damage and

loss," while for the West Kalimantan-

3 Siti Noorehan Mohd Zain, Perbatasan Malay-

Sarawak sector along 112.4 KM has been

sia-Indonesia Di Kalimantan dan Komunikasi Politik (Dalam BukuMengelola Perbatasan Indonesia di Dunia Tanpa Batas ), (Yogyakar- ta, Graha Ilmu,2010), Page 234.

mantan) is 2,020 kilometers. The border different ethnic residents. For example, in distance for Sabah is 371 kilometers and the Long Pasia study area, almost all resi- the rest is located in Sarawak. The border dents are ethnic Lundayeh. Residents in management model in Malaysia (Sabah Sabah frontier also have a long historical and Serawak) basically keeps in mind the relation with the inhabitants of the region traditional areas of the origin community such as Kalimantan, Sulawesi or other is- located along the border, where the com- lands in Indonesia. Indeed, the ethnic rela- munity takes a physical position as an in- tionships established beyond the interna- stitutional community. Some traditional tional borders of politics are inevitable settlements or settlements along the bor- and an important aspect of understanding der between Sabah and East Kalimantan, the daily life of the equality community in from the village of Long Pasia in the west Sabah. Therefore, it is not surprising that to the village area on Sebatik Island in the his position adjacent to the territory of In-

east. 4 donesia and the life of population has The area of the community in Sabah sparked Confrontation (1962-1966) which area bordering on Borneo basically con- shows the anger and rebuttal of the Indo- sists of three different areas of character. nesian government of Malaysia carrying The three areas are Tawau and Palau Se- the inclusion of Sabah and Sarawak terri-

batik port areas (Tawau District), in Kam- 5 tory into the territory of Malaysia. pung Palungan and Kampung Bantul

One that also greatly influences the (Pensiangan Area / Nabawan) and ac- border area management model in Malay- commodated Long Pasia (Sipitang Area). sia is Malaysia's New Economic Policy Generally, the majority of the population (DEB). It is seen that since the implemen- are indigenous Sabah ethnic, mainly con- tation of Basic New Economic policy sisting of ethnic Hamlet, Kadazan, Murut (DEB) in the early 1970s, the progress of and Bajau that make up the majority the Malaysian state grew rapidly. Among population of most of Sabah, including the six ASEAN member states it appears Tawau, Nabawang and Sipitang areas, and that Malaysia and Thailand have succeed- small settlement areas this is inhabited by

ed in trailing Singapore, which in this case

4 Kntayya Mariappan&Zaini Othman, “Sempa- dan Antara

Bangsa

Dalam Kehidupan

Komuniti Persempadanan ”, (Jurnal Universiti Malaysia Sabah 2010), Page 17.

5 Ibid, Page 20 5 Ibid, Page 20

According to Fu-chen Lo and 1985 only about 30.4% only Role and Byung-Naik Song (1987: 465), one way to contribution of the agricultural sector to prove that progress is to look at the NGP the increasing GNP decline is an inevita- of each ASEAN country. The research ble process, especially in order to change shows that in 1985 the NGP of Indonesia Malaysia's economic structure from the was the lowest among ASEAN countries, dominance of the agricultural sector to the ie US $ 540 compared to US $ 860 for industrial sector's prominence. Similarly, Malaysia and Thailand; followed by the labor in the agriculture sector also de- Philippines approximately US $ 660. In clined, from 55.1% (in 1965) to 35.7% in the period 1965-1975 average growth of 1985. In contrast, the state of the industri- NGP Indonesia about 8.1% compared to al and service sectors was the opposite of 6.8% for Malaysia. But the period 1973- what occurred in the agricultural sector 1984, Malaysia's economic growth in- where its contribution to Malaysia's GNP creased very rapidly, ie 7.3% per year, on increased by 7.6 % in the period 1971- the contrary IndonesIA declined to reach 1975, and continued to increase to 8.9% in

6.8%. 8 the era of 1976-1980. Malaysia's relatively rapid progress

The progress of the industrial sector over the past two decades is an indication is one of the goals Malaysia is highly ex- that the country's development strategy pected to have since the foundation of the has succeeded in making Malaysia a pros- New Economy. Encouraging developed perous country and this also has implica- countries to invest their capital in this tions for the well-being of its people in the country with facilities is one of the most country's border region. Although the ag- appropriate straters to achieve that goal. ricultural sector still dominates the coun- Therefore, it is not an exaggeration if Ma- try's foreign exchange but since 1971 its laysia has made rapid progress among

Southeast Asian countries. According to

See: M.Arif Nasution, Orang Indonesia di Malaysia (Menjual Kemiskinan membangun

Fu Chen Lo and ByungNak Song in 1984

Identitas) (Yogyakarta, Pustaka Pelajar, 2001), Page 36.

countries, Malaysia has reached the 'Mid-

7 See: Fu-chen Lo & Byung-Naik Song, Indus- trial restructuring of the ESEA (East and

dle to Late Stage' in spearheading its in-

Southheast Asian) Economies, (Kuala Lumpur, Asian Pacific Development Centre,1987), Page 465.

8 M.Arif Nasution, op.cit, Page 38.

dustry sector in Southeast Asia. This sit- uation is one level below the progress of South Korea. Until 2000 the Malaysian industrial sector position was estimated to have reached 'Fir Stage' (Fourth Industrial Recycling Stage). On the contrary, the progress of Indonesian industry in 1984 is still relaatif far compared with the achievement of Malaysia, which is still in the early position to the middle (Early to Middle Stage). In 2000 the advancement of Indonesian insudtry was estimated to be at the 'Late Stage' level with China and the

Philippines. 9 The rapid development of the eco- nomic sector, especially after the New Economic Foundation has been imple- mented, also spreads to the development of a border area oriented to sufficient re- sources, so that the borders of Malaysia are developed by changing the direction of development policies that tend to be ori- ented towards outward-looking, thus it is used as a gateway to economic activity and trade with neighboring countries. The approach to the development of the state border areas, in addition to use a security approach, also uses a welfare approach, with special attention directed to the de- velopment of community communities in match. This is can be seen from the

9 Fu-chen Lo& Byung-Naik Song, op.cit, Page 477.

placement policies and activities of resi- dents in the port area of Tawau (directly adjacent to Sebatik) which has formed a living community situation of active communities because of the movement of the population and the traffic activity of Malaysian-Indonesian manship so rapidly in this area. The policy of the Malaysian government to open and develop the port of Tawau at the end of the nineteenth cen- tury as evidence that the management of its border areas using the prosperity ap- proach has brought prosperity to Malaysi- an citizens on its borders. Tawau has be- come the entrance of the inhabitants of the surrounding areas, especially Indonesia and the Philippines besides the people of China, even the dependence of citizens in the border region of Indonesia (Sebatik) to Tawau in fulfiling their daily needs is very

high. 10 In fact, many Indonesian citizens from the region of Nunukan and Sebatik for example has occupied the village area in tawau since the early 1980s. So today

10 West Sebatik Sub-district, M.Burhanuddin, S.IP.MM. said that the dependence on Tawau

(Malaysia) to fulfil the daily needs of the peo- ple of Sebatik (Indonesia) has long been going on since even before nunukan expanded into districts, cross-border trade between Sebatik and Tawau is already happening, this is in the resulting distance to Tawau as a region that provides basic needs of society can be traveled easily compared to the region itself to Indone- sia.

(Interview

Radar

Tarakan with

M.Burhanuddin, S.IP.MM, Sebatik Barat Sub- district, in Nunukan, 25 Okrober 2013.).

there are various ethnic groups from Indo- cial and cultural services much different, nesia and the Philippines are found in Ta- 12 this is reflected from the conditions:

wau such as Bugis, Banjar, Tidung, and 1. Very lack of economic infrastructure Suluk. Even the data show that much larg-

in Indonesia's border region (Sebatik), er population in the category of "Indone-

while Malaysia's border economic in- sia" and "other son's land" occupied Ta-

frastructure (Tawau) is much better. wau region that centered on the area 2. The lack of transportation, communi- around the port of Tawau port. Tawau is

cation, information, and banking in also well known in the present as the main

the border areas of Indonesia (Seba- Buginese placement area in Sabah. Kam-

tik), while in the border region of Ma- pung Pasir Putih Baru, Kampung Baru

laysia (Tawau) is much better. Tanjung Tengah, and Kampung Tanjung 3. The high poverty rate in the border Batu Laut are the main areas for locating

area of Indonesia (Sebatik), while in bugis people. It is also found in the area of

the border region of Malaysia (Ta- the village known as the "ice box" is the

wau) is much better. immigrant population of the Suluk of the 4. The isolation of people in the border Philippines. 11 Likewise with the move-

areas of Indonesia (Sebatik), due to ment every day where Indonesian citizens

the low accessibility of border areas cross the border between countries and

to centers of growth, markets and ser- into Tawau (sabah region) and the territo-

vices, either by land, sea or air. While ry of Indonesia based in Sebatik and in

in the border region of Malaysia (Ta- Nunukan also a part that encourages the

wau) is much better. welfare of Malaysian citizens in the bor- 5. Very lack of Condition of educational der region of the country.

facilities, health, and access to infor- The policy of managing the welfare-

mation in the border areas of Indone- oriented state borders has caused a very

sia (Sebatik), while in the border re- significant difference between Tawau

gion of Malaysia (Tawau) is much (Sabah-Malaysia) and Sebatik (Nunukan-

better.

Indonesia). In general there are disparities

in economic conditions and economic

12 This result is consistent with the observations of the authors who see a very significant differ-

growth and even less balanced public, so-

ence between Sebatik (Nunukan-Indonesia) and Tawau (Sabah-Malaysia), whereas the dis-

11 See: Kntayya Mariappan&Zaini Othman, tance between Sebatik and Tawau takes only op.cit . Page 26-27

15-25 minutes using Speddboat.

The high economic and develop- to implement various development pro- ment gap in the border region between grams for the benefit of the people. And Malaysia and Indonesia especially related the undeniable truth is that the success of to the Education will of course have much improving people's living standards is the impact on the life and socio-cultural be- result of efforts made by the Malaysian havior of the community, thereby result- kingdom through achievements in the ing in the level of their social life left be- fields of education, health, industry and so hind compared to the people in neighbor- on. The proof, since two and a half dec- ing countries and with communities out- ades since 1970, Malaysia has made re- side the region state borders.

markable progress in terms of economic growth while fulfilling its social objec-

Education Policy In Malaysia For Citi-

tives (Malaysia, 1999: 4-5). 13

zens in areas far from central govern-

In the aspect of education the Ma-

ment (Out-of-Town)

laysian Government has undertaken vari- Since the Second Plan of Malaysia ous policies and programs that are orient- (1971 to 1975), Malaysia has essentially

ed to the development of remote areas (ac- implemented a basic development towards tually including in this case are border ar-

poverty alleviation and the reduction of eas). For example, it shows that the educa- socio-economic polarization, especially tional aspect is a very important instru- among people in remote areas from re- ment in order to improve the quality of mote (out-of-town) and city (Malaysian, life in Malaysia. Therefore, in the frame- 1971). Based on this principle various work of the First Malaysia Long-Term businesses are run to continue to educate Plan 1971 - 1990 (RRJP1), access to edu- the community not only formally but also cation has been made one of the main informally for all generations. In this con- steps that must be done well in order to text Education becomes very important as reduce the deep difference between educa- an effort to overcome various problems tion in urban and remote areas. Malaysia that exist. The vast efforts of the Malaysi-

an kingdom in order to speed up the living kutipdariSiti-

MasayuRosliahBintiAbdul Rashid, Peluang

standard of the people can be seen by the

Dan Cabaran Pendidikan Dalam Kalangan Masyarakat Luar Bandar : Satu Kajian Kes Isi

establishment of various agencies in the

Rumah Melayu Miskin Di Jajahan Bachok, Ke- lantan , UniversitiSains Malaysia (tesis) ,

ranking of alliances, regions and countries

2008.(language adapted to the Indonesian lan- guage) 2008.(language adapted to the Indonesian lan- guage)

Food Program (RMTSR) 14 and School

Dairy Program 15 with an adequate budget. For RMTSR's implementation time is not more than 190 school days with a budget of RM2.50 for a day student for the terri- tory of Peninsular Malaysia and RM3.00 for a day student residing in the Sabah, Sarawak and Wilayah Persekutuan Labu- an areas (beginning in 2015, this is of course in order to improve the learning

achievement of children in remote areas. 16

14 The RMT program will start on the first day of schooling for student from 2 to 6 years. For

Year 1 students RMT will be given on the first day of schooling for February of that year.

15 The School Milk Program is implemented simultaneously with the Food Add Plan. This

program is implemented for students rather than poor families who contribute family con- tent at low socioeconomic status to get a bal- anced diet while in school. The program also aims to improve the school's low school en- rollment and attendance to ensure physical growth, general mental health and general well-being of school students. PSS also aims to encourage students to drink milk in the early grades. The student selection criteria are com- prised of low school pupils especially from out of town and families with monthly income of RM 400 and less, ie RM800 per capita. PSS is also a program implemented by the Malaysian Ministry of Education along with milk produc- ers in harmony with the Malaysian Pensyari- katan concept. This program, which was launched in 1983, has been extended to all countries starting in 1995 except Sabah with its own milk program.

16 For example in Kelantan, Kelantan State De- partment (JPN) received a budget of approxi-

mately RM54.6 million over the Central King- dom during 2007 to be distributed to over

In essence Malaysia also taken con- crete steps to ensure the advancement of education in remote areas that must go hand in hand with education in urban are- as, this is due to a good understanding of the relationship between issues of educa- tion decline in remote areas will have an impact which is negative towards devel- opment in Malaysia, where the lack of ed- ucation will make the citizens of the re- mote areas will be unable to manage the existing sources of development. And this, of course, will be the cause of the increas- ingly distant social strata between the in remote areas and urban areas. The con- crete steps that have been undertaken by the Ministry of Lessons of Malaysia (KPM) is to involve a number of large schools as many as 5077 schools from 7513 low schools and 792 from 2045 sec- ondary schools in Remote areas. Given

170,000 students and poor students across the country. Rather than that amount, RM16.8 mil- lion is billed to help 134,000 high school stu- dents categorized as poor to attend the collec- tion

of Wang AmanahPelajarMiskin

(KWAPM) since last January so now. In addi- tion, the allocation is concerned with helping 71,785 poor students of Year 4, 5 and 6 to at- tend additional classes to the baucertuisyen scheme. JPN also lists as many as 38,000 more poor students from across the country who are given two more assistance schemes namely RM7 million RM7 million Extra Low-Cost Food (RMTSR) and School Dairy Program worth RM3.8 million (Utusan Malaysia, 11 Jun 2007). (See SitiMasayuRosliahBinti Abdul Ra- shid, Opportunities And Education Branch In The Outside of the Community: One Study of Content of Poor Malay Houses in Bachok, Ke- lantan).

the importance of this out-of-school edu- duce the burden of the family in the aspect cation development, KPM has worked of educational budgeting for remote with the National Implementation Task communities / periphery (outside Ban-

Force (NITF) to add high-impact NITF 18 dar). projects to this educational development.

The emphasis on the educational as- An additional of RM2.6 billion has been pect of the Malaysian government is basi- devoted to activities that can minimize the cally due to the realization that education difference in progress between education will be able to change the standard of liv- in remote and inland areas with urban are- ing of a society. These approaches ranging as especially in Sabah and Sarawak. The from pre-school level to the highest rank- development of this infrastructure will ing are the foundation in an effort to ac- also benefit the 2.2 million students and celerate the process of educational pro- 14,000 teachers in remote and inland are- gress, especially in terms of providing ac-

as. 17 cess and improving the quality of educa- One of the most interesting Patterns tion in Malaysia. of the Malaysian kingdom in addressing

The Framework of fulfillment of right the problem of education for citizens in to education for citizens in the Malaysi-

an border region of Sabah.

remote areas is by providing convenience and assistance in education, the Kingdom

Country border area is Regency / of Malaysia has taken various steps and City region which is geographically and efforts to assist the community from pov- demographically bordered directly with erty through education. For example, in neighboring country and / or high seas. order to ensure the adequacy of the educa- The border area consists of land and sea tion budget, the Malaysian kingdom has border areas, which are widely spread added the budget to around 400,000 poor with diverse typologies, ranging from in- students across the country by increasing land to small islands of the outer (outer). the budget from RM20 to RM50 a month The Border area as the territory of state following up the assistance scheme of the sovereignty is in principle very important Wang Amanah Lesser Student Assistance

18 Di kutip dari Siti Masayu Rosliah Binti Ab-

Group (KWAPM), from 2007 (Malaysia,

dul Rashid, Peluang Dan Cabaran Pendidikan Dalam Kalangan Masyarakat Luar Bandar : Sa-

2006b: 342). This step is one way to re-

tu Kajian Kes Isi Rumah Melayu Miskin Di Ja- jahan Bachok, Kelantan, Universiti Sains Ma-

17 Ibid (Minister of Education of Malaysia, laysia (tesis), 2008. (bahasa disesuaikan 2007)

dengan bahasa Indonesia) dengan bahasa Indonesia)

supreme authority over state, regional, and The Development of Education Sys- other governments. Sovereignty according tem in Malaysia The years 2001 to 2010 to MochtarKusumaatmadja is a trait or an are the days of Basic Country Insights essential characteristic of a country, where where the Malaysian Ministry of Educa- the state is sovereign (possesses supreme tion has implemented several new ele- power), but has its limits ie the sphere of ments based on the Education Develop- this supreme power is limited by the ment document. The Education Act is en- boundaries of the territory of the country, forced to supplement the existing structure beyond its territory no longer exists has of the education system. Many important such power.

matters that have been implemented by Building education systems in vari- the Malaysian Ministry of Education and ous countries is basically very important between the most significant changes in in order to accelerate the progress and de- the history of the development of state velopment of the country, this is because education were the setting up of the Ma- the School is not only to spread laysian Ministry of Higher Education knowledge but also to apply new values

2004 (Othman and a complete understanding towards Alhabshi.2012). Six Strategic Plans of development and modernization. With the Education Development Master Malaysia existence of an efficient and quality edu- 2006-2010 have been introduced, name-

(KPTM)

in

cation system, the state can give birth to 20 ly: many professionals to help advance the 1. Fostering a nation state;

development of a country. In Malaysia 2. Awaken human resource / human re- Educational Reform is the idea of the Ma-

source development model; laysian Ministry of Education to make an 3. Enforce the national school; important change in all aspects including curriculum supply and development,

school administration, school building and 19 Quoted from Zainuddin Bin Hasan,MohdZaki

bin Mohammed SomdanNurAzzabintiAbd Az- iz, Perkembangan & Sistem Roformasi Pendidikan Di Malayasia, Jurnal Pendidikan Nusantara Indonesia (vol.1 No.1;2015), Page 113.

20 Ibid

4. Close the gap of education outside the introduced. The Malaysian Ministry of city / minimize the difference in edu- Education produced a high teaching cation in the suburbs;

matlamate parallel to developments at the

5. Improving the dignity of the teaching time. Based on the Higher Educational profession; and

Transformation Design 2020, the Institute

6. Increase the brilliance of educational of Private Higher Learning (IPTA) is di- institutions / enhance institutional ex- vided into three main categories: the Uni- cellence.

versity of Inquiry, the Comprehensive University and the Focused University.

Based on the 6 things that become Malaysia now has approximately 20 IP-

the strategic plan, the education system in TAs that have spawned hundreds of thou-

Malaysia has clear guidance (PelanInduk sands of quality and competitive gradu-

Pembangunan Pendidikan, PIPP 2006- ates. These changes are the positive steps

2010). This of course will have an impact that Malaysia has made in realizing the

on efforts to produce superior human re- 2020 Insight, which is to make Malaysia a

sources who are able to use knowledge in developed country and the Center of Edu-

a proactive, creative, innovative and have cational Brilliance Serantau by 2020. 21

good engineering skills. The Malaysian Education Develop-

If we examine the Malaysian gov- ment Plan 2013-2025 has been basically

ernment's policy model in the fulfillment reviewed since October 2011, the Malay-

of the right to education in particular with sian Ministry of Education has conducted

regard to citizens in the border region

a comprehensive review of the Malaysian (Substance) it is very clearly seen in Ma-

Education System in order to produce a laysia's strategic development plan of ed-

new Educational Development plan. The ucation on the 4th that: the Malaysian

Kingdom of Malaysia has made a decision government puts one of its education pri-

to carry out a review of the education sys- orities to minimize the difference the ful-

tem based on increasing international fillment of the right to education of citi-

standard of education, increasing the aspi- zens in urban areas and citizens who are in

the suburbs (out of town). 21 Syed Othman Alhabshi,, et.al (quoted from

dariZainuddin Bin Hasan,et.al) , Dasar Dan

Besides that, the main focus of Ma-

Pelaksanaan Sistem Pendidikan Kebangsaan , Kongres Pendidikan Melayu di Dewan

laysia is higher education, so the design of

Merdeka, Pusat Dagangan Dunia Putra (PWTC), Kuala Lumpur, pada 1 – 2 September

Higher Educational Transformation 2020

rations of the state, and the expectations of 8. Transformation of education delivery parents and society on the basis of state

skills and expertise. education in preparing the younger gener- 9. Cooperate with parents, communities ation to face the 21st century. Within 11

and the private sector widely. months of study the Malaysian Ministry of 10. Maximize student success. Education has received inputs from vari- 11. Improving the openness of Public ac-

ous sources such as research reports con-

countability.

ducted by education experts from UNESCO, the World Bank, the OECD, and six Layman Religious Studies Institu- tions. The 11 principles contained in the Malaysian Education Development 2013-

2025 as follows: 22

1. Providing access to international quality education.

2. Ensure that every student is profes- sional in the use of Malay and Eng- lish.

3. Produce Malaysian people who live value.

4. Transformation of the teacher profes- sion as a chosen profession.

5. Ensure high achieving leaders are placed in each school.

6. Endeavor the position of State Educa- tion, Regional Education Officers and schools to provide specific solutions based on the need.

7. Utilizing ICT to improve the quality of learning in Malaysia.

22 Malaysia's Education Development plan; PPPM 2013-2025 (some languages are custom-

ized using Bahasa)

Based on the foundations contained in the Malaysian Education Development Plan 2013-2025 above can be described as follows:

Malaysia Education Development Plan 2013-2025

Accessing Malaysian

Work closely Maximize international

High achiev-

Completed

Transform

with parents, student suc- & profession- value the

people who

ing leaders

settlement is

the skills and

communities cess. & open- al quality

are placed in

based on

skill of the

transformation every school.

and the pri- ness of Public of the teach-

necessity. &

delivery of

vate sector. accountability. education in

Utilizing ICT

education.

ing profession Malaysian &

as a chosen English lan-

profession.

guage usage.

The transformation process of Ma- ment, especially the policy on the fulfill- laysian education system which will be

ment of the right to education of citizens implemented within 13 years consists of

in the suburbs (outside Bandar) basically several waves, namely:

illustrate the Model of the fulfillment of the right to education which is also re-

1. Wave 1 (2013-2015) focuses on im- flected in the development of Malaysian

proving the system by providing Education Repormation, including:

teacher assistance and focusing on

basic proficiency. Purpose of Malaysian Education Sys-

2. Wave 2 (2016-2020) speed up system tem

repair. At the beginning of the 21st century,

3. Wave 3 (2021-2025) towards success some developments and changes occurred

continues the implementation of a in the Malaysian education system due to

more flexible operation. the advancement of the impacts of global-

This plan basically leads to the for- ization, liberalization, and the develop-

mation of students who have six main ment of information and communication

characteristics in order to face the global technologies. The challenge of Malaysia

competition of knowledge, thinking skills, today is to awaken an economy based on

leadership skills, bilingual skills, ethics knowledge or K-economy in order to face

and religion, and has a national identity. 23

competition with other countries. This re- The policies of the Malaysian govern-

quires the Malaysian state to raise highly

23 Ibid

skilled human resources in various fields skilled human resources in various fields

edgeable, skilled and prosperous. two ministries, the Malaysian Ministry of 3. Provide human resources for the pur- Education (KPM), which is responsible

poses of the country's progress, and for the administration and administration 4. Provide educational opportunities to all of the national and secondary education

Malaysian citizens 25 system at the primary and secondary lev-

In order to achieve these goals, Ma- els of schooling, including preschool edu- laysia's education system is based on the cation, lower education, secondary educa- National Education Philosophy (FPK), tion and secondary education ; and Minis- namely: "Education in Malaysia is an ef- try of Higher Education (KPT), which is fort that is done towards the development responsible for tertiary ranking education of the potential of individuals as a whole at the level of Higher Learning Institute and synergize in creating human balanced (IPTA) and Private Higher Learning Insti- and harmonious in terms of intellectual, tution (IPTS). In determining the direction emotion and body based on trust and obe- of the educational system objectives, dience to God. This effort is to give birth KPM has composed educational missions to the knowledgeable Malaysian people, as the focus to be achieved in uplifting the responsible and efficient in achieving the dignity of Malaysia in a globalized world. welfare of themselves and contribute to

Malaysia's education mission is: 24 "To the harmony and prosperity of society and build a world-class quality education sys- state. tem to fully develop individual potential

The philosophy of National Educa- and fulfill Malaysian aspirations". The tion is the cornerstone of Malaysia in fac- Malaysian Educational Goals that are in ing the challenges and obstacles of 21st harmony with the Mission, namely:

century competition. Malaysia's educa- tional goals in 2020 become a developed

1. Develop a loyal and united Malaysian country based on the principle that there is

nation.

a balance of economic asphek, political, social, spiritual and cultural. Malaysia

24 Jamil Ahmad danNorliaGoolamally, Pentad- 25 The policy of providing educational opportu- biran dan Pengurusan Sistem Pendidikan Ma-

nities to all citizens of this course will have an laysia Ke Arah Pendidikan Berkualiti , li-

impact on the educational rights of citizens brary.oum.edu.my/repository/160/1/pentadbira

who live in remote areas, including citizens n ,accessed on 5 Juli 2017

who are in the border region of the country.

wishes to be a united nation with high vation and foster 'first class' 3. Teras 3 self-confidence, sticking to religious, Handles socioeconomic imbalance issues moral and ethical values as well as a dem- that are continuously nurturing and pro- ocratic, fair and thorough life, and master- ductive 4. Terrace 4 Increase the stage and ing a dynamic economy, agile and com- quality of life 5. Terrace 5 Strengthen in- petitive. Malaysia's efforts to reach devel- stitutional capability and implementation. oped countries, in the era of globalization

The five terraces of the National is not only oriented to capital, barangan Mission will be greatly influenced by the and human, but also about the transna- role of education in celebrating, even two tional change of ideas, culture, values and of the five terraces, namely the second identity. Ideas, culture, values and identity terrace and the third terrace, declare the become very important in order to antici- role of education directly. pate the negative impacts of the current

Laws of Malaysia ACT 550 EDUCA-

globalization. The formation of a devel-

TION ACT 1996