Educators and Education Personnel Based on the National Education System Act

Indonesian Positive Law-

Looking at the title of this article, it gives us an idea that there are two terms in education that at first glance seem similar but have different meanings. To facilitate the understanding of these two terms, the author is guided by the provisions of Article 1 number 5 and number 6 of Law Number 20 of 2003 concerning the National Education System.

In this description it is stated in line regarding:

Definition of Educators and Education Personnel

Educators and education personnel are two different things, this is based on the understanding of both.

The definitions of educators and education staff are:

Definition of Educator

The definition of educators according to the provisions of Article 1 number 6 of Law Number 20 of 2003 concerning the National Education System is educational personnel who are qualified as teachers, lecturers, counselors, learning assistants, widyaiswara, tutors, instructors, facilitators, and other designations in accordance with their specificity, as well as participating in organizing education.

Duties of the Educator

Based on the provisions of Article 39 paragraph (2) of Law Number 20 of 2003 concerning the National Education System, educators are professional personnel in charge of planning and implementing the learning process, conducting guidance and training, and conducting research and community service, especially for educators in universities.

Definition of Education Personnel

Meanwhile, the definition of education personnel according to the  provisions of Article 1 number 5 of Law Number 20 of 2003 concerning the National Education System is a member of society who devotes themselves and is appointed to support the implementation of education.

Duties of Education Personnel

The duties of education personnel are regulated in the provisions of Article 39 paragraph (1) of Law Number 20 of 2003 concerning the National Education System, which is to carry out administration, management, development, supervision, and technical services to support the educational process in educational units.

Regarding rights and obligations, as well as the requirements of educators and education personnel are also regulated in the provisions of Article 40 – Article 44 of Law Number 20 of 2003 concerning the National Education System.

Rights and Obligations of Educators and Education Personnel

Educators and educators based on the provisions of laws and regulations have rights and obligations.

Rights of Educators and Education Personnel

The rights of educators and education personnel as stated in the provisions of Article 40 paragraph (1) of Law Number 20 of 2003 concerning the National Education System are as follows:

1. Proper and adequate income and social welfare guarantees.
2. Awards correspond to work duties and achievements.
3. Career coaching in accordance with the demands of quality development.
4. Legal protection in carrying out duties and rights to intellectual property products.
5. The opportunity to use educational facilities, infrastructure, and facilities to support the smooth implementation of tasks.

Obligations of Educators and Education Personnel

Furthermore, the obligations of educators and education personnel according to the provisions of Article 40 paragraph (2) of Law Number 20 of 2003 concerning the National Education System are:

1. Creating an educational atmosphere that is meaningful, fun, creative, dynamic, and dialogical.
2. Have a professional commitment to improve the quality of education.
3. Giving teledan and maintaining the good name of the institution, profession, and position in accordance with the trust given to it.

Other Matters Related to Educators and Education Personnel

Other matters regulated regarding educators and education personnel as mentioned in the provisions of Article 41 of Law Number 20 of 2003 concerning the National Education System are as follows:

1. Educators and educators can work across regions.
2. The appointment, placement, and deployment of educators and education personnel is regulated by the institution that appoints them based on the needs of the formal education unit. For this reason, the government and local governments are obliged to facilitate educational units with educators and education personnel needed to ensure the implementation of quality education. (Article 41 of Law No.20/2003)

By paying attention to the two things mentioned above, the government and local governments are obliged to facilitate educational units with educators and education personnel needed to ensure the implementation of quality education.

Requirements to Become an Educator

Broadly speaking, the requirements for educators are also regulated in the provisions of Article 42 of Law Number 20 of 2003 concerning the National Education System, namely:

1. Have minimum qualifications and be certified in accordance with the level of teaching authority.
2. Physically and spiritually healthy.
3. Have the ability to realize national education goals.

Education providers, including the government and local governments, are obliged to foster and develop the education personnel they organize, as stated in the provisions of Article 44 of Law Number 20 of 2003 concerning the National Education System.

The guidance carried out is certainly inseparable from the rights that must be given to educators and education personnel as mentioned above. -RenTo141222-