The Efforts of Islamic Boarding Schools to Protect Their Constitutional Rights in the Face of Beleidsregel: An Analysis of Policy Dynamics in Indonesia

DOI

10.2991/978-2-38476-218-7_55How to use a DOI?

Keywords

—Beleidsregel; Constitutional Rights; Educational Autonomy

Abstract

Islamic boarding, which are Islamic boarding institutions, occupy significant positions of importance in Indonesia with regard to both education and culture. Due to “Beleidsregel,” which are administrative bodies’ imposed policy regulations, these institutions have recently experienced difficulties. The present study investigates the ways in which islamic boarding reacted to these regulations, with a specific focus on how they felt about their constitutional rights. The fundamental investigation revolves around the approaches utilized by islamic boarding in order to maneuver within these policy limitations and the possible violations of their rights. By employing a qualitative approach, this study incorporated interviews with policy architects, legal professionals, islamic boarding leaders, and legal experts. Furthermore, a comprehensive examination of pertinent legal instruments was undertaken, with particular emphasis on instruments that emphasize religious freedoms and educational autonomy. Initial findings highlight the fact that islamic boarding frequently perceive the islamic boarding as a challenge to their constitutional prerogatives, which elicits a variety of advocacy and legal reactions. These encompass cultivating discussions with regulatory bodies, pursuing judicial interventions, and establishing collaborative partnerships with other stakeholders in the field of education. In summary, although the primary objective of the beleidsregel is to modernize and optimize the educational structure of Indonesia, it unintentionally places islamic boarding in a precarious position. Attaining a harmonious equilibrium between regulatory ambitions and the inviolable rights of these esteemed institutions necessitates ongoing cooperation and shared understanding.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Anangsyah Effendi Zaqlul Pasya Me
AU  - Hartiwiningsih Hartiwiningsih
AU  - Supanto Supanto
PY  - 2024
DA  - 2024/02/22
TI  - The Efforts of Islamic Boarding Schools to Protect Their Constitutional Rights in the Face of Beleidsregel: An Analysis of Policy Dynamics in Indonesia
BT  - Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
PB  - Atlantis Press
SP  - 327
EP  - 333
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-218-7_55
DO  - 10.2991/978-2-38476-218-7_55
ID  - Me2024
ER  -