Controvercy of Law of BHP

Education Forum, 22 December 2008, the results of research studies textbooks of primary and controvercy Law of BHP. Wisma Kodel 11th floor HR Rasuna Said Kav B4 South Jakarta. BHP Abaikan Gaji Guru Kompas cetak, UU BHP Langgengkan Sistem Kontrak Kerja www.jpnn.com, Kebijakan Mendiknas tentang BSE Sia-sia_Jurnal Nasional
PRESS RELEASE DPPFGII
TEACHER IN POSITION law-BHP

Teachers in the law called BHP generally as educators, is set in Article 55 of Chapter VIII and Education staff, which states:

(1) human resources, legal entity consisting of the education of teachers and educational personnel.
(2) Education and educational resources referred to in paragraph (1) can be civil servants are employed or employees body of law education.
(Explanation: Civil servants at the time of the civil laws of this happening is a work in the education unit to become civil servants employed in the body of legal education.
(3) Educators and education staff referred to in paragraph (2) make the agreement work with the leaders of organs of management BHPP, BHPPD, or BHPM, and the organizers arranged for BHP in the base budget and / or household budget.
(Explanation: Energy body of law that are civil servants who should be employed to make the agreement with leaders of organs of management education, because even if labor has been appointed by the government or local government, which has not been appointed by the concerned agencies of law education).

(4) civil servants referred to in paragraph (2) to obtain the remuneration of:
a. Government or local governments according to laws and regulations, and
b. body of law appropriate provisions in the education budget for primary and / or household budget body of law education.
(5) The dismissal, and the department and the rights and obligations of teachers and educational personnel with the status referred to in paragraph (2) stipulated in the agreement on the basic budget and / or household budget and legislation.
(6) Settlement of disputes that arise between workers or educators, and leaders of the organs of management education is set in the base budget and / or household budget.
(7) If the resolution of disputes referred to in paragraph (6) does not succeed, the resolution is carried out in accordance with the laws and regulations.
(8) Further educators and education staff referred to in paragraph (1) defined in the statute and / or household budget.
The problem:

1. Agreement as referred to in paragraph (3) and (5) of the termination of appointment and the department and the rights and obligations of educators must do all teachers (civil servants, the private non-civil servants, etc.) with the leader of the organs of management BHPP, BHPPD, or BHPM , And for BHP organizers will impact on:

a. For civil servants, teachers will add to the bureaucratic point of appointment and dismissal of teachers, the Teachers' Law article 25 paragraph (1) and (2) states that:
(1) The placement of teachers and carried out objectively and transparently in accordance with the laws and regulations.
(2) The placement of teachers and the education unit, which held the government or local government shall be regulated by Government Regulation.

b. Teachers for Private / Non-civil servants, causing several problems:

1. Working Procedure Agreement in the adoption and termination educators in the law that BHP could impact on the labor contract system pelanggengan. Even as part of the work that is fixed (not the job of a particular time, once completed and the temporary / seasonal / related activities only) work of the teaching profession can not be applied to the contract system. Contract system other than the conflict with the Labor Law will also harm the sustainability of the students to obtain learning activities with educators sustainable.

2. Working Procedure Agreement in the law that BHP has reduced the meaning of Working Together Agreement (PKB) in the framework of the working relationship between the equivalent of the parties that in the Teachers' Law. Article 25 of Law Teachers paragraph (3) states that: "The placement of teachers and the education unit, which is held by public education or the education unit based on the agreement or agreements with." Agreement in the context of BHP's Law can be closed as the agreement that only the rights and obligations of the parties in accordance interpretation BHP institutions. In this position, such as teachers will only sign agreements that have provided institutions BHP individually without the involvement of organizations that menaunginya (note: the Law on Teachers and Teacher RPP PKB / KKB also not set). In Article 1 grain 7 general provisions of the Law on Teachers stated that the PKB / KKB should be done based on the principles of equality and kesejawatan. In Act No. 13 of 2003 on Employment of teachers as part of the professional workers are also protected by the organization / union workers in the device working relationship through joint agreement (PKB).

2. Law BHP repeat the legislation before the problems of teachers, is never to provide a minimum standard salary (the Minimum Wages Teachers / UMG), especially for teachers working in private educational institutions or other non-civil servants. UMG private teacher for this is not only regulated by the Law Ketanagakerjaan with changes in the wage Minimu Province (UMP). Thus, the law BHP will not clarify the position of teachers of non-civil servants, teachers, especially the private sector.

3. BHP is the law and the achievement of the government to increase the number of the Parliament Act, which set the teacher. So when the teacher is governed by six law; Law on the System of National Education, Law on Teachers and Lecturers, the Law on Kepegawaian for civil servants, Law and Labor Law Unions for teachers Private and Non - Civil servants.

4. The educational institutions that are governed by the law BHP settings such as a company will not only impact negatively on the sustainability of the learning activities of students if the institution is stated pailit BHP / closed / revoked permits but also the impact on the sustainability of the work of the workers the teaching profession, because although there is a clause that set the evacuation of students and teachers institutions to BHP other, position / status / work of teachers, especially the non-civil servants can not be guaranteed in the new place.