Kewenangan Pemerintah Daerah Kabupaten Kota dalam Mengatur Program Wajib Diniyah di Daerah

Abstract

The role of religious education in shaping the character of students in Indonesia is significant. However, debates arise when certain districts in the country enact local regulations mandating "diniyah" education as compulsory religious instruction across all levels of schools. This debate revolves around the perceived conflict between religious matters, deemed absolute and under the central government's jurisdiction, and the regional authority to regulate education within their respective areas. The place of research was carried out in Sumenep Regency. This research adopts a normative method with a conceptual, statutory, and case-based approach to analyze two key aspects: to what extent the region's authority to mandate religious education for all students, and its legal implication for schools and students. The findings reveal a nuanced intersection in Islamic education matters, wherein the central government oversees religious curriculum issues. At the same time, regional authorities possess the capacity to regulate human resources and student-related affairs. District governments also possess the jurisdiction to govern mandatory pre-diniyah programs, yet lack the authority to enforce such programs at the high school levels. Moreover, the absence of sanctions in these regional regulations implies that there are no legal repercussions for individuals or entities that fail to comply with the stipulations.