Research Article: 2021 Vol: 24 Issue: 1
Intan Fitri Meutia, Universitas Lampung
Bayu Sujadmiko, Universitas Lampung
Dheka Ermelia Putri, Bank Negara Indonesia 46
Didik Kurniawan, Kejaksaan Agung Republik Indonesia
Juvenile delinquency in Indonesia is increasingly alarming; this also affects the number of child prisoners that are increasing their prison years. For this reason, the program for fostering children in prisons also requires special attention from the government. Drawing in the empirical studies and descriptive data and document, the findings show that children at teenagers prisons or Youth Detention Center (YDC) get formal education but not optimal yet. This study focuses on why formal education in prisons is not optimal, and trying to find solutions or alternative policies so that children incarcerated in YDC have the opportunity to get formal education equivalent to other children in accordance with the Law National Education System for the implementation of education in Indonesia and the Child Criminal Justice System for organizing development activities at YDC.
In Indonesia, according to the Ministry of Law and Human Rights data in 2017 there were around 910 child detainees, with details as many as 895 male prisoners and 15 other women (Zuraya, 2017). The number of children who become prisoners (assisted citizens) in 2017 is very large, there are 2,559 children registered as prisoners (Thalib et al., 2018). This data shows that the level of juvenile delinquency in Indonesia is quite high. This is certainly a serious problem related to the education system of children in Indonesia. Reforms in the field of education already began to be encouraged, but whether reforms in the field of education for children in Indonesia also touched children in prisons. This is still debatable and interesting to study.
In 2018, Bandar Lampung-Tegineneng Class II Lembaga Pemasyarakatan Khusus Anak (LPKA) or Youth Detention Center (YDC), Pesawaran, Lampung achieved the highest ranking in Indonesia for fulfilling the indicators of child necessities that is supported with existing facilities and infrastructure. The number of adolescents who inhabit the YDC in Lampung is among the third most in Indonesia. There are as many as 192 teenagers who inhabit this particular YDC and received formal and non-formal education in YDC. Around 30 people join the Junior High School program, 13 people join Senior High School, 15 people join special Package A, and the rest are classified as non-scholar and only receiving non-formal or skill education in YDC. While as many as 14 people received training or voluntary or community services outside the YDC. The coaches in YDC are currently 93 people that implement a scheduled working system for 24 hours every day. Children who are training in YDC in Lampung Province have an average age of 14 to 17 years old; regularly they are still in the 2nd year of junior high school. They come from families with middle to lower economies that include farmers, construction workers, fishermen or traders in the market as their parents’ professions. Some of them claimed to have committed a crime because they saw their playmates collect money instantly, thus they were tempted to follow these paths. Inmates themselves, through a series of interviews state this unfortunate cycle. Based on the interviews of SA and AN at LPKA in March 2018, they committed crimes of stealing motorcycles mainly as a form of solidarity through following their friends’ actions. In addition to this unhealthy environment, they also committed crimes due to poor economic matters, (confessed by AR) which claimed to be a jambret (thief) in Metro City to buy clothes; he did not have enough money so he decided to rob someone else’s belongings. According to AR's confession, it was his first time trying to snatch from his victim and local residents immediately caught him.
The coaching process in YDC is carried out with the help of several relevant stakeholders, but those who play more roles are from civil or private civil society compared to other Government Institutions. Currently YDC under the Ministry of Law and Human Rights of the Republic of Indonesia already has good relations with NGOs (e.g.: Perkumpulan Keluarga Berencana Indonesia (PKBI), Wadah Indonesia Berbagi (WIBER)) in the process of fostering prisoner children. With guidance from YDC, it is expected that these children can take advantage of the learning and expertise provided by YDC to live new better lives by embracing the law and norm (Arifulloh et al., 2017). To the very least, they could find occupations hence their income is sufficient to meet their own needs. YDC can also be a place to find children's identity without worrying about falling into a negative environment. Improvement of personality and direction of interest is one of the things implemented by YDC to help children who have experienced an unhealthy environment aware of their deviation and shall occupy as teenagers who are the spearhead of development in Indonesia when they return into the society. Religious and moral education are daily consumptions of children's YDC development programs, it is hoped that these moral and spiritual-based approaches can fortify children from unlawful behaviour (Mursyid, 2019).
This study tries to examine the process of formal education in YDC. Describing who are the main actors and the stakeholders of the implementation of formal education programs for children in YDC care under the supervision of the Ministry of Law and Human Rights. Furthermore, its tries to analyse the obstacles that need a solution to be formulated in order to find the alternatives policy in the future.
The notion of juvenile delinquency is purely a form of deviation by the adolescent. These acts of deviation are considered unacceptable behaviour according to the Indonesian norms, regulation, moral, ethical and educational manners (Indrijat, 2017). The description of the adolescent age range comes in varying degrees. For instance, the original 1482 of Oxford English Dictionary’s definition declares the age range of adolescence stage as 14-25 for male and 12-21 for females (Curtis, 2015). In the Indonesian regulation, terminology of “children” in particular can be interpreted according to Law Number 23 of 2002 concerning Child Protection Article 1 paragraph (1), referred to “a child is someone who is not 18 years old, including children who are still in the womb” (Satrio et al., 2015). Successors and managers of the nation's future need to be prepared early through the fulfilment of their rights, namely the right to live, grow, develop, and participate fairly in accordance with human dignity, and receive protection from violence and discrimination.
Mohamad (2014) describe juvenile delinquency as a collection of various behaviors from behavior that is not socially acceptable to criminal behavior (Mohamad, 2014). This condition is a pathological condition, because these young people make or act outside the limits of applicable legal norms, as well as harming their social environment. Juvenile delinquency is an act of violation of the law committed by an adolescent, where the act can put someone in prison, basically juvenile delinquency is a behavior that deviates from or violates the law. According to the document the young people who committed breaking the law are mostly around the ages of 16-18 years.
According to Piotrowicz, Juvenile Delinquency is a pathological social behavior that is deviant and violates norms, provisions, and legal regulations. The teenagers took this action because it was driven by various factors, coupled with the opportunity. Their actions are called pathological actions because they violate legal norms, and act outside the boundaries that can harm the family, the environment where they live and also others. The tendency that occurs, not all juvenile delinquency is done individually (alone). This action is also very often done in groups. There are some delinquents that have fatal consequences and can get legal sanctions, or even go to prisons.
In terms of approach, juvenile delinquency consists of broad and narrow. In the broad perspective, the disapproving act performed by the juvenile includes beyond the violation of the criminal law, as long it causes discomfort. This clearly differs from the narrow perspective, where juveniles specifically violate the norms regulated in the criminal law (Piotrowicz, 2017). Along with the development of the trends today there are many types of juvenile delinquency from the lightest to relatively heavy.
The following are some types of juvenile delinquency that often occurs in the surrounding environment:
Most teenagers who use drugs start from a high sense of curiosity. The normalized action that we found in cigarettes’ nicotine. In some cases, close friends who use drugs influence these teenagers.
Many adults think that people over 20 years old often do theft. However, the reality is not the case, many teens commit theft that is based on various factors. In Lampung, most children are admitted to YDC because of child exploitation; it is a situation where a child is a helper for the adults who became their boss.
Since long ago, a lot of media reported about gangs fighting between students. This juvenile delinquency is carried out by groups of students from certain schools. This juvenile delinquency has indeed subsided a little lately, but it can't be said to stop completely. Those who make a brawl are usually carried out between certain school students with various supporting factors.
Usually, certain groups carry out this kind of juvenile delinquency. Juvenile delinquency in the wild is certainly very dangerous for you because it can take lives and disturb the surrounding environment. There are still many other types of juvenile delinquency such as skipping school, drinking alcohol, gambling and even committing fraud.
In criminology, there is a theory of human moral development called Moral Development Theory; this theory describes the stages of the development of the mind/human reason. According to Kohlberg, there are 3(three) stages of Moral development, which are pre-conventional, conventional, and post-conventional. Pre-conventional Stage (age 9-11 years); at this stage children generally separate what is accepted and unaccepted but they focus on the consequences towards themselves. Conventional Stage (age 12-20 years); at this stage, adolescents have begun to adopt the values and rules that are around them. Post conventional Stage (age ≥ 20 years); at this stage, individuals have evaluated the consequences on relationships (Zhang & Zhao, 2017). Self-control theory by Gottfredson & Hirschi (Zavala & Kurtz, 2017) stated the correlation between an individual and their emotional intelligence. They stated that individuals who have low self-control tend to be easily swept away by relationships. The lower the self-control of teenagers, the higher the juvenile delinquency self-control can be interpreted as an activity to control behavior. The ability to arrange, guides, regulates and directs the forms of behavior that can bring individuals toward positive consequences.
According to (Forzano & Logue, 1995) some characteristics of adolescents who are able to have high self-control are as follows (Titisari, 2018):
1. Persevere and consistent with the assigned task, despite facing many obstacles.
2. Capable of showing a composed behavior in line with the rules and norms that apply where he is.
3. Does not show emotional and explosive behavior.
4. Be tolerant or can adapt to unwanted situations.
Emotional maturity is the ability of a person or individual in controlling and making adult judgments about overflowing feelings and psychological and physiological reactions in dealing with certain circumstances or situations through productive thought processes. The higher the level of self-control, the lower the tendency of juvenile delinquency behaviour. Conversely, the lower of self-control, the higher the tendency for juvenile delinquency behavior (Aroma & Suminar, 2012). Young (2011) found that the degree of self- control of the individual either affects the quality of friendship that is formed or creates stress that ultimately leads to difficulties in friendship and delinquent behavior. Furthermore, the importance of self-regulation is implemented in every single aspect of social skills and behavior including health, psychology, social science and other disciplines (Vazsonyi, 2018).
In this study, the juvenile delinquency concept focuses on actions that violate the laws and regulations, which apply in Indonesia, and harms both the surrounding environment and the personal of these children, so it needs to be incarcerated in YDC. The children who were incarcerated were in the age range of 14-17 years in YDC of LPKA Class 2 Bandar Lampung/Tegineneng, Pesawaran and Lampung (Figure 1).
Education in Indonesia is executed based on Law Number 23 Year 2003 concerning National Education. Formal education is a structured and tiered educational path consisting of basic education, secondary education and higher education. In Article 6, it is explained that every citizen aged 7-15 years is obliged to attend basic education. Article 11 emphasizes that the government guarantees the implementation of education and regional governments must guarantee the availability of funds for the provision of quality education without discrimination. Formal education pathways consisting of basic education in the form of elementary to junior high school are part of the 9 years of compulsory education, and children are advised to continue to secondary education, namely Senior High School as a provision for life in the future.
Education in Indonesia is organized through channels, levels and types of education. The education pathway is a vehicle through which students develop their potential in an educational process that is in accordance with educational instructions. Regulation No. 19 of 2005 states that national education standards contain a minimum criterion about the educational component that allows every level and path of education to develop education optimally in accordance with the characteristics and characteristics of the program (Raharjo, 2012).
In LPKA teachers formally carry out the teaching and learning process whether they are junior high or senior high school by pursuing a package in collaboration with one of the private schools namely the Dwi Mulya Foundation with the initiation of LPKA alone without assistance from the Education Ministry Office. Although formal education is conducted at LPKA, the National Examination of children is still held in the location of Junior High School and/or Senior High School of the Dwi Mulya Foundation as the Centre for filial schools due to the lack of computer facilities for the online National Examination. Later if they pass the National Junior High School or Senior High School Examination these children will get an official diploma from the School at Dwi Mulya Foundation. There is no primary school at LPKA, package A Program is given specifically to children who have never received formal primary education before being in LPKA.
LPKA provides qualified school buildings. The building consists of several rooms, namely 3 formal education classrooms (junior high school, high school, and chasing room Package A), audio room for music learning, a computer room, a library room, and hall room to gather if there are special events such as watering spiritual. Audio and Visual learning media are very popular with children because it is not boring and attracts children's attention, by using audiovisual learning media can increase children's interest in the learning process. The learning process given to children who have only lived 2 months or more is religious learning given by an ustadz at LPKA (based on interviews by Andre's informant). At the same time, children who have lived 5 months and above get learning like in school with a curriculum every day. The teaching and learning process given is very good, the teachers who teach are friendly, and the lessons given are the same as in school. This shows that LPKA also provides learning rights owned by children who live in LPKA. Although they are undergoing a period of detention due to the crimes they have committed, they can still develop knowledge and not absent informal education. A total of 6 teachers teaching junior high school with a total of 30 students for class 2 junior high school, and class 2 Senior high school there are 13 students (based on interviews with RI and SA). This shows that LPKA has adequate formal learning facilities for children, with 6 teachers teaching expected to be able to meet the children's needs for formal learning in accordance with the curriculum at school.
However, there are still no teaching aids that can support the teaching and learning process at this LKPA (based on interviews DA, RI and SA). It is hoped that LPKA can add to the teaching aids facilities both audio-visual aids and other teaching aids in the teaching and learning process so as to improve the quality of learning provided by teachers to children in LPKA. By adding learning media, both Audio and Visual media such as Video or Film media, as well as other learning media, will remind children of their interests and make children more excited in carrying out teaching and learning in LPKA.
In addition to formal learning like in schools in general, children in the LPKI are also taught about soft skills that can lead to the independent nature of these children, both skills regarding leadership attitudes, good communication ways and IQ and EQ where they are taught to can regulate their personal emotions, so that if they have overflowing emotions they do not directly transfer those emotions to bad deeds such as crime, motorbikes, stealing, pickpockets and others. With the learning of IQ and EQ it is expected that their emotions in the adolescent stage which are difficult to control can be controlled properly, and can be channelled with activities that are more beneficial to themselves and the surrounding environment. For children who have only been living in LPKA for about a month and have not been given skills in leadership, communication and personal development, they are still undergoing daily activities such as playing football (based on an interview with AN). While the soft skills given to children who have only lived 2 months are taught about the use of computers, and personal development skills in the form of advice given by LPKI officers. Whereas for children who have lived more than 5 months to one year, they are given learning about the meaning of leadership, how to behave well, communicate well and politely, and develop them as motivation given by the teachers who teach at LPKA. Then when asked about IQ and EQ they cannot explain in detail but they claim to be taught how to regulate emotions both by the teachers and officers who work at LPKA (based on interviews by DA, RI and SA).Based on the explanation from the four information which had lived more than 5 months, they claimed to have received sufficient soft skills. It is hoped that the existence of these soft skills can help children to equip themselves after they have completed their detention at LPKA. So that after they come out and complete their detention in LPKA they get new skills, in carrying out a new life as a new person, can even provide skills for children when looking for work. Besides that, children will also become more independent individuals with soft skills that they can get in the LPKA, and can even have a positive impact on themselves and their surroundings.
Besides soft skills, children at LKPA are also given hard skills. In contrast to soft skills that are more dominant in regulating emotions, identity and how to lead well, the ability of hard skills is more inclined to physical skills possessed by children such as how to shave signs, how to repair electronic devices. Children who have lived less than 2 months have not been given the ability of hard skills in the form of the use of computers, the use of musical instruments, hair cutting skills, the ability to repair electronic devices, sewing, painting, cooking, or writing (based on interviews with AN). It would be better if after a week they settled in the LPKA they were immediately given learning both soft skills and hard skills so that they are more accustomed to the LPKA situation and use their time wisely. Whereas for children who stay more than 2 months they are given hard skills which are still limited to learning about computers such as the operation of Microsoft Word and drawing skills (based on Andre's interview results). At the same time, the hard skills given to children who have lived more than 5 months are the use of computers, the use of musical instruments and cutting hair. While hard skills such as animal husbandry, fisheries, agriculture and repairing electronic goods are still not taught to children in LPKA. Even though sometimes they are taught other skills such as writing, playing music and sculpting by LPKA employees during the day, (based on the results of interviews told by RI and SA). Previously, there was a hard skill activity in LPKA but the lack of Human Resources as a hard skill instructor stopped the activity. Giving hard skills is a complement after being given soft skills, after being given the skills to organize themselves then the children are given physical skills to work later in the future. They will prefer to hone their hard skills and work so that they can at least meet their own needs. However, it would be better if the hard skills provided by LPKA are hard skills that are more needed in the world of work, such as hair cutting skills or the ability to repair electronic goods. , they have been equipped with very adequate skills (Figure 2).
Learning about economics is a good idea to give to children from an early age, so that they know how important money is and not make a wasteful attitude. This is also applied in LPKA; children are given knowledge about entrepreneurship, economic education such as the meaning of consumptive, productive meaning and other skills that are useful for children in the future. Children who have just settled for less than 2 months have not been given learning about entrepreneurship and how to make a craft that can be sold. They only found out the meaning of consumptive which according to them is the activity of buying goods, and the meaning of the love of the homeland by defending the Indonesian soccer team (based on interviews with informants AN and AR). At the same time, children who have lived 5 months to a year on average have been given an understanding of entrepreneurship, productive and consumptive behavior and have also been given learning about sculpting skills and making chairs even though they have never sold anything pre-crafted or crafted (based on the explanation from DA, RI and SA). It is better if in addition to providing hard skills children are given special skills such as sewing, embroidery, painting and making crafts. On average, after leaving LPKA, they want to continue their education (based on the explanation of the speaker's AN, AR and SA). While others want to work, such as opening a clothing store or working in a mini market directly. Based on the narratives of these children, they still have a great enthusiasm to continue a much better life after leaving LPKA. They want to return to gain knowledge by continuing school until college; this shows that the desire of these children to be useful to the homeland and the nation is still very large; therefore coaching from LPKA is expected to form a strong personality and virtuous character. By giving an understanding of the meaning of productive and consumptive, it is expected to be able to provide new insights and learning for children at LKPA, so they also know that if they want something they must also is able to produce something, so they will leave bad habits such as motorbikes. Stealing, breaking into houses and so on. They can also learn to save money, choosing to save their money rather than spend it on less important things. So that children will be a much better person, can organize themselves and have special skills to increase family income, so children will prefer to use their time to be more productive than to spend time playing with friends who bring negative influences (Figure 3).
In addition to formal learning, soft skills and hard skills, learning about religion for children living in LPKA is also needed, because religious learning is the first learning that these children have received since they were young. It is expected that in addition to having skills and expertise in learning, children also become children who are at once, so that they will be more aware and not to do evil because they know that God always knows all the actions that are bad and what they do. Because of this, LPKA also provided complete facilities, facilities and infrastructure for the on-going learning and worship activities for all religions of children living in LPKA (based on interviews with AN). In LPKA there is a small mosque and a church for religion. At present there are 7 people in LPKA who are Hindu, Buddhist and Christian while the rest are Muslim (based on interviews with DA, RI, SA). The facilities and infrastructure of worship are very complete even the children are never late even to carry out worship because they are always advised by the employees at the LPKA to carry out worship on time, and children get religious lessons in each block (based on interviews from AN) . One of the human rights that must be granted is the right to worship; therefore LPKA fulfils that right for children living in LPKA. With his approach to God, each is expected to be a strong foundation, like a strong house, so wherever he goes the foundation will not be shaken, like when invited by his friends to commit a crime if he has a strong creed or foundation, then it does not easily shake and fall back to the wrong path. Children become better individuals, because in all religions they have never been taught to commit crimes. They also admit their mistakes and feel sorry they don't want to repeat them. With their sincere acknowledgment, it is hoped that they will not repeat the mistakes they have made and with the religious education they have received, they can be more firm in their stance to be better children.
Providing education on local wisdom and culture in addition to providing new skills about culture, children are also expected to be able to continue the traditional culture of their respective regions. Besides that, if they want to continue their cultural skills, this can be one of their incomes in the future. However, there is no local wisdom education such as learning local languages or regional dances, but almost all children master their respective regional languages. LPKA should not only provide formal education, soft skills and hard skills, it also provides learning about local culture and wisdom so that children who are mostly teenagers can develop their interests and talents in local culture and can also help preserve the culture of their respective regions. Although not given education or learning about local languages, but on average, they are very familiar with their respective local languages and there are even some children who can dance traditional Lampung dance (based on interviews with informants AN and AR). This shows that in fact the children in LPKA are close to their respective cultures; therefore it is not difficult if LPKA wants to conduct cultural education, because it will be received very positively for the children in LPKA. LPKA can also channel children's interests, to something more positive than just playing. The families of children who are serving detention in LPKA do not get into trouble if they want to visit their children in LPKA. There is no limit to family visits, a maximum of once a week families are allowed to come to visit to just ask for news and bring food (based on AN's interview). Sometimes children are even allowed to use mobile phones to call their families (based on interviews with DA, RI, and SA). This is very good, seeing the growth of adolescents really requires attention from their biological families, by being given ample opportunities to bring together the children who are serving their sentences and their families, making children more excited in undergoing all their activities in the LPKA and motivating the children themselves to become a better person after leaving LPKA.
Special Guidance Institutions for Children or YDC or LPKA according to Article 1 of Law No. 11/2012 concerning the Child Criminal Justice System (CCJS) is the institution or place where the child underwent his criminal period. In YDC, the child will be classified according to age, gender, duration of sentence imposed, type of crime, and other criteria according to needs or in the context of guidance.
Article 1 paragraph (2) of Law Number 23 Year 2002 concerning child protection, stipulates that child protection is all activities to guarantee and protect children and their rights so that they can live, develop, and participate optimally in accordance with their dignity and dignity. Humanity is as being protected from violence and discrimination. Children in the justice system require different handling from adults, because children are vulnerable to violence, abuse and exploitation (Rochaeti, 2015).
In order to carry out guidance and provide protection for children, it is necessary to support both those related to institutions and legal instruments that are more stable and adequate. Therefore, children who commit criminal acts need a broad court of children. Indonesia in its efforts to protect children, already has Law No. 4 of 1979 concerning child welfare, it should be able to become a reference in making policies for child protection (Zai, A., 2011).
Based on the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 18 of 2015 concerning Organizations and Work Procedures of Child-Special Development Institutions, YDC performs the following functions:
1. Registration and classification that starts from the receipt, recording both manually and electronically, evaluating, classifying, and planning the program.
2. Coaching that includes education, care, alleviation, and skills training, as well as information services.
3. The care that includes food, beverage, and distribution of equipment and health services.
4. Supervision and enforcement of disciplines, which include administration of supervision, prevention and enforcement of discipline and management of complaints.
5. Management of general affairs including personnel affairs, administration, arrangement of budget plans, management of financial affairs and equipment and households.
The implementation of duties and functions of the Child Special Development Institution or YDC includes guidance, care, enforcement of discipline, and increasing knowledge and understanding, as well as the services of correctional officers in the implementation of duties and functions of its in harmony with the concept and perception of the Law Number 11 of 2012 concerning the Child Criminal Justice System and Law Number 12 of 1995 concerning Correctional Services. The realization of the effective and efficient implementation of duties and functions of the Child Special Guidance Institution (YDC) is highly expected in the framework of improving the quality of correctional services for children in particular and the community as the main purpose.
The Ministry of Education and Culture did not provide specific explanations in Law Number 23/2003 concerning National Education regarding the implementation of formal education mechanisms in YDC. Whereas in the Law it is clearly illustrated that every child is required to get formal education (elementary-junior high school 9 year compulsory education even in advance until high school) for all Indonesian children, without discrimination this means that this also includes children in prisons. The Ministry of Law and Human Rights, which literally does not take care of the problem of education must be a pioneer in providing formal education in accordance with the CCJS Law, in the process of the Ministry of Law and Human Rights in charge of Lapas itself without support from the Ministry of Education and Culture with the help of Regional Government.
Article 32 of Law Number 23/2003 describes the special education and special service education. Special education is education for students who have difficulty in following the learning process because of physical, emotional, mental, social, and/or potential intelligence and special talents. Special service education is education for students in remote or underdeveloped areas, remote indigenous peoples, and/or experiencing natural disasters, social disasters, and economic inability. However, the two concepts of special education and special service education also do not describe formal education in YDC.
The law has explained that compulsory education for all Indonesian children without discrimination means compulsory education and the right to obtain proper education, including for children in prisons. However, in its implementation the Ministry of Education and Culture, which played a major role in education, did not interfere in the implementation of education in YDC. Furthermore, the Ministry of Law and Human Rights, which should only be a supporting facilitator in the implementation of formal education in correctional institutions, has become the main actor, that is why its implementation is not optimal and apprehensive. The main organizer should be the Ministry of Education and Culture assisted by regional governmental autonomous task implementation authority. The curriculum design, teaching staff, teaching materials and soft skills should be prepared by the Education Office as the representative of the Ministry of Education and Culture with the coordination of assistance from the Ministry of Law and Human Rights as a YDC facilitator.
National education functions to develop capabilities and shape the dignified character and nation of the nation in the context of intellectual life of the nation. In addition, education also aims to develop the potential of students to become human beings who have faith and are devoted to God Almighty, have good character, are healthy, knowledgeable, capable, creative, independent and become democratic and responsible citizens. Education is any situation in life that influences a person's growth in order to adjust to his environment so that it can cause changes in him that allows him to function in people's lives.
In the process one from various policy alternatives is decided, to be taken as a way of spreading policy issues, then the final stage in policymakers is policy setting, so that it has binding legal force. The policy-making process cannot be separated from the process of determining or ratifying policies. It is the process of adjustment and acceptance together of the recognized principles and accepted measurements. The policy approval process begins with activities: (1) Persuasion, namely efforts to convince others of truth or value of one's position and they want to accept it as their own; (2) Bargaining, which is a process whereby two people or more have the power or authority to set at least their goals are not agreed to be able to form a series of actions that can be accepted together but not ideal for them. Bargaining includes agreements (negotiation); take and give; and compromise; so that policymaking is done so that a policy has a legal force that can be binding and adhered to by anyone, and the form of policy produced such as the Law, Presidential Decree, Ministerial decrees and so on.
There are laws and regulations among stakeholders, especially those that regulate the Pattern of Formal Education in YDC, considering that one of the basic rights for children is education. The Joint Decree between the Ministry of Law and Human Rights and the Ministry of Education and Culture can be a solution to the Policy Model specifically the Formal Education Pattern which regulates financing, human resources (government provides teacher), so that the responsibility for implementing the Formal Education System in YDC is not only a task the principal of the government apparatus in the YDC or Ministry of Law and Human Rights alone but also is the part of the main task of the Ministry of Education and Culture as the provider of the education system in Indonesia.