RECONSTRUCTING THE IMPLICATIONS OF EARLY CHILDHOOD EDUCATION BASED ON LAW NO. 20 OF 2003

Abstract

Early Childhood Education (PAUD) is an integral part of Indonesia's quality and competitive human development efforts. However, the implementation of PAUD regulations based on Law Number 20 of 2003 still faces various problems. This research aims to reconstruct the juridical implications and policies of PAUD based on Law Number 20 of 2003 concerning the National Education System, focusing on two crucial issues: the policy of the age of entry to elementary schools (SD) which does not have to be 7 years old and the status of a kindergarten/PAUD diploma as an administrative prerequisite. Using a normative juridical approach and policy analysis, this study finds a disagreement between the normative construction of the National Education System Law Article 28 paragraph (1) which explicitly states that PAUD is not a prerequisite for basic education and administrative practice in the field. The latest policy contained in Permendikdasmen Number 3 of 2025 and various derivative regulations shows a paradigm shift from an age-based approach to a learning readiness-based and non-discriminatory approach because they do not have to be 7 years old and have a kindergarten/PAUD diploma. Therefore, there is a need for harmonization of regulations between levels and strengthening supervision of the implementation of the child-friendly New Student Admission System policy to ensure legal certainty and fairness in access to education.