The founder of the Tahfidz & Tafsir Al Badar Islamic Boarding School in Bogor, Badrudin Subky, rejected the pesantren law and its derivative rules. An example of a derivative rule of the Pesantren Law, namely Presidential Regulation (Perpres) Number 82 of 2021 concerning Funding for the Implementation of Islamic Boarding Schools.
According to Subky, pesantren have been able to be independent without government assistance. According to him, the assistance will actually eliminate the values in pesantren such as simplicity.
“We can not suudzon (bad thought. red). But we need to ask, if we are used to getting help. If, for example, it is closed, we will be wary of it,” said Badrudin Subky in an online discussion themed “Ponpes-Ponpes Sue and Reject the Islamic Boarding School Law?” on Saturday (25/9).
Subky mentioned that one of the articles that became his party’s concern was Article 6 Paragraph 2 d of the Pesantren Law which reads, “The establishment of pesantren as referred to in paragraph (1) is mandatory: register the existence of pesantren to the minister.
According to him, this article is feared to be a loophole for the closure of Islamic boarding schools that do not register with the minister. On the other hand, boarding schools do not need registration because the community already trusts pesantren so many leave their children to study.
Meanwhile, the caretaker of the Al Muntaha Islamic Boarding School Bangkalan, Madura, Thoha Kholili, criticized the Pesantren Law which could change education in Islamic boarding schools. Mainly through changes in the education curriculum in Islamic boarding schools. In fact, he said, traditional education in pesantren has been proven to be successful in educating the students.
“The law on Islamic boarding schools not only suppresses or stifles. But it also clears out pesantren,” explained Thoha Kholili.
Thoha claims that the way of education such as in Islamic boarding schools is also imitated by developed countries such as Israel. Because of that, he suggested pesantren to deeply criticize the Law on Islamic Boarding Schools.
Meanwhile, former spokesman for Hizbut Tahrir Indonesia (HTI) Ismail Yusanto questioned Articles 3 a and b of the Islamic Boarding School Law which included the word moderate. According to him, the meaning of the word moderate in the article is unclear and has the potential to divide Muslims. He said this was like giving a moderate category to a number of religious figures.
“The opponent of moderate is radical. If this is allowed, the Law on Islamic Boarding Schools will divide moderate pesantren and non-moderate or radical pesantren,” explained Ismail Yusanto.
Secretary of the DPR RI PPP faction, Achmad Baidowi, questioned the rejection of a number of Islamic boarding schools against the Law on Islamic Boarding Schools, which was passed two years ago. According to him, pesantren that refuse can file a lawsuit to the Constitutional Court.
“If you just refuse there is no effort judicial reviewYes, the legal norms still work,” said Achmad Baidowi FLY, Sunday (26/9).
Baidowi added that pesantren can also sue the Presidential Regulation on Funding for the Implementation of Islamic Boarding Schools to the Supreme Court if they object to the norms in this regulation.
President Joko Widodo has signed Presidential Regulation Number 82 of 2021 concerning Funding for the Implementation of Islamic Boarding Schools on Thursday (2/9). This Presidential Regulation regulates the Pesantren Endowment Fund which is provided and managed by the government which is sourced from the education endowment fund.
The pesantren endowment fund aims to ensure the sustainability of the pesantren education program for the next generation as a form of intergenerational accountability. In addition to endowment funds, pesantren funding can come from the community, the central government, local governments, and other legal and non-binding sources. [sm/ah]