Pesantren Law Implementation: Untangling Regional Regulatory Hurdles

The enactment of Law No. 18 of 2019 on Pesantren marks a historic milestone for Islamic education in Indonesia. The law provides a strong legal foundation for the state to recognise, strengthen, and facilitate pesantren. However, after several years, regional implementation is still hampered by regulatory uncertainties.

Many regional governments (Pemda) remain hesitant to take concrete steps, particularly regarding budget allocation and the formulation of Regional Regulations (Perda) for Pesantren. This has prevented the full realisation of the law’s potential benefits for thousands of grassroots educational institutions.

Based on editorial observations of public policy dynamics, several key factors drive implementation hurdles at the regional level:

To resolve these uncertainties, regional implementation must align with the three core functions of pesantren mandated by the law:

A crucial aspect of the Pesantren Law is the Endowment Fund mandate. While the central government has begun establishing this mechanism, budget synchronisation at regional level remains challenging. Pemda are urged to move beyond ad-hoc grants and develop sustainable support schemes under Perda frameworks.

Strategic steps to overcome implementation bottlenecks include:

Can Pemda allocate regular budgets for pesantren?

Yes, provided it is based on Perda referencing the Pesantren Law, within the region’s financial capacity, and without violating grant or social assistance regulations.

What are the primary benefits of Pesantren Perda for santri?

Ensuring equal access to public facilities, regional scholarships, and recognition of pesantren graduates’ competencies in local job markets.

What if a region lacks a Pesantren Perda?

Implementation can proceed through the discretion of regional heads or local regulations (Perkada), but these lack the legal strength of Perda for long-term budget allocation.

In conclusion, advocating for clear implementation of the Pesantren Law at regional level is a pursuit of justice for pesantren. Regulatory uncertainties must be swiftly resolved through political will from local leaders.