ASPEK DEMOKRASI DALAM PEMBENTUKAN PERATURAN DAERAH (Studi Kasus Pembentukan Peraturan Daerah tentang Pendidikan dalam Perspektif Socio-legal)

Abstract

The regulation has an important role, strategic role in the regulation democracy. The fact in countries shows there are gaps in the School Participation Rate (APS), Gross Participation Number (APK), and Community Participation Number (APM), as well as educational inequality between men and women in participation, access, benefits and control that caused partly by the uncertainty of regulation of education in area. Crucial educational issues among others: the high cost of education, lack of regulation is unclear, the welfare of teachers has not been balanced with the burden of responsibilities, the ministry of education bureaucracy is not optimal, education facilities of equality has not similar, improving the quality and professionalism of teachers on the other hand has not facilitated the implementation of autonomy are common obstacles area. Political determinant influences the formation of law. Reality is at the background of writing a dissertation. Therefore, the problem is: why is aspect of democracy necessary in the formation of law? how the impact of deviations formation education law that are not based on aspects of democracy, how to model the formation of democratic law-based aspects in the field of education?. So the goal is to uncover, find the empirical-scientific arguments about the urgency of the establishment of law based on the aspects of democracy, the impact of aberration formation in education law, finding regulation-based model of the democracy aspect formation in education. Thought frame is using the legal work in the community of Chambliss and Seidman, domain-forming, executors and supervisors. Research uses qualitative tradition, legal paradigm constructivism with socio-legal approach to hermeneutics. Location of the study is in Semarang, Surakarta, Salatiga. The results showed that: very urgent aspects of democracy in the formation of Education regulations, whether philosophical, juridical and sociological. Evidently the law does guarantee equal opportunity of education, the validity of the juridical and society awareness in to receive it. Political configuration formation formed by the elites and authoritarian. The impact of Education regulations formation in Education, that are not based on aspects of democracy led to educational rights of all people cannot be obtained in fairness, usefulness for welfare, whether philosophical, juridical, and social. Construction ideal model of the formation in regulations that are based on aspects of democracy is to use analytical methods RegMAP and Regulatory Impact Assessment (RIA). Construction of this ideal is called Integrative RegMAP-RIA (IRR) model. The recommendations are all formation regulation must be based on aspects of democracy. Avoid the establishment of regulations for the Education Sector that are not based on aspects of democracy because it would be counter-productive impact on the organization of education in the philosophical, juridical, and sociological. Use the ideal model construction IRR in the formation of local regulation in the Education Sector. Keywords: Aspect Democracy, Local Regulation Formation , Education.