Pesantren Law: Challenge and Opportunity for Indonesian
Islamic Education
Safiudin1, Ali Muhtarom2, Ahmad Qurtubi3, Utami Syifa Masfu’ah4
1234Universitas Islam Negeri (UIN) Sultan Maulana Hasanuddin Banten,
Indonesia
Correspondence: safiudinbanten@gmail.com
Abstract. Pondok Pesantren is the oldest educational institution in
Indonesia and has a distinctive character of the archipelago that
specifically focuses on Islamic religious education (Educational
Institution Based Religion). The emergence of colonial-based modern
educational institutions presents an interesting dynamic among Pondok
Pesantren Which is also called by islamic boarding schools, the
Indonesian state with the National Education System continues to strive
to build a symbiotic pattern between modern (official state) education
and Pesantren. Which of course, is expected to be a form of mutualistic
relationship. The purpose of this paper is to display the main content of
the Pesantren Law, the characteristics of pesantren with a historical
perspective and seeks to predict the implications (challenge and
opportunity) of the Pesantren Law on the development of Pesantren as
an educational institution that is distinctive and has a native Indonesian
character. The Method use in this paper is based on library research to
find out the literature study of The Challenge and opportunity of Islamic
studies based on pesantren law. The result show that Pesantren law
provides a great opportunity for Pesantren to be able to improve the
quality, and quality of the five constituent elements. Behind the great
opportunities obtained by Islamic boarding schools, there are severe
challenges for pesantren after the Pesantren law is implemented.
Keywords: Pesantren Law; Islamic Education
Institut Agama Islam Negeri (IAIN) Curup, Indonesia
ISSN 2580-3174, (p); 2580-3190 (e)
volume 8, number 1, 2023 | page: 97-122
DOI: http://doi.org/10.29240/ajis.v8i1.5909
Academic
Journal of
Islamic Studies
mailto:safiudinbanten@gmail.com
98 | AJIS : Academic Journal of Islamic Studies, vol. 8, no. 1, 2023
Introduction
Islamic educational institutions have a very important role in
human life. The whole process of human life cannot be separated from
education. In other words, human needs for education are absolute both
in personal life, family, society, nation and state. If the education system
functions optimally, the progress it aspires to achieve. On the other
hand, if the educational process that is carried out does not run well, it
cannot achieve the progress it aspires to1
History records that one of the typical education systems owned
by the Indonesian people is pesantren. Thousands of islamic boarding
schools to date have stood, grown and developed. This phenomenon
shows that millions of Indonesians have experienced the learning
pattern of islamic boarding schools Only a small part of islamic boarding
schools grow well and independently. Most of his condition is still poor.
Without the support of a solid regulatory umbrella, at the level of
legislation, the condition of pesantren will be difficult to develop faster.2
Nurbaiti In his article states that first, that trade and ulama were
variables modera si at the beginning of Islamization in the archipelago,
while the main variable was Islamic education taught by ulama and
traders who came to this region to the local population. Second, the
development of Islamic Education differs from country to country. This
is undoubtedly influenced by the geographical, cultural location of the
people, to the politics that influence the existence of these differences.
Third, school development, especially in Indonesia, is understood as a
social movement that not only succeeds in educating students but also
forms a network of social ideologies that will later influence social
transformation3
Islamic boarding school is one of the Islamic educational
institutions. Islamic boarding school as an educational center that
1Ahmad Tafsir, Ilmu Pendidikan Perspektif Islam, (Bandung: PT Remaja
Rosdakarya, 2005). 23.
2Nasaruddin Umar, Rethinking Pesantren, (Jakarta: PT Elex Media Komputindo
Kompas-Gramedia, 2014), cet. 1st, p. 7.
3 Nurbaiti, “Islamic Education: The Main Path of Islamization in Southeast Asia,”
Journal of Islamic Education 8, no. 2 (2020).
Safiudin : Pesantren Law: Challenge and Opportunity | 99
teaches religious sciences. Unlike Islamic educational institutions in
general, islamic boarding schools are central to Islamic scientific
civilization. Apart from being a faith-based educational institution,
islamic boarding schools were originally a center for promoting Islamic
values and broadcasting Islam. By providing a faith-based curriculum,
islamic boarding schools are expected to be able to produce alumni who
will become strong religious figures and be able to play their role in
society. The success of alumni will affect the community around them
and the community will be accustomed to modeling the behavior led by
alumni of islamic boarding schools Thus indirectly the islamic boarding
school as an educational institution that plays a role in producing human
beings who have a noble ahlak who can foster the community to have a
Muslim personality that is relevant to the teachings of Islam and so that
humans are useful for nation and religion.4
Azyumardi Azra in his article tries to explore one of the ways in
which the Classical Islamic community in Java, Indonesia, seeks to
negotiate modernization and globalization through the interface of
Islamic boarding schools (pesantren) and higher education he56 also
states that Indonesian Islamic universities are the largest system in the
entire Islamic world. In the last two decades, another significant
development in PTAIN has been the expansion of its mandate through
the establishment of a complete Islamic College (UIN).7
The role of such islamic boarding schools is in line with the goals
of Islamic education. Meanwhile, in particular, Islamic education aims to
actualize the values of the Qur'ani as an effort to form a human being
who is devout, noble, intelligent, advanced and independent or what is
4Amin Haedar, et al., Masa Depan Pesantren dalam Tantangan Moderanitas dan
Tantangan Komplesitas Global, (Jakarta: Ird Pers, 2004). 127.
5 Ronald A. Lukens-Bull, “Two Sides of the Same Coin: Modernity and Tradition in
Islamic Education in Indonesia,” Anthropology Education Quarterly 32, no. 3 (2001).
6 Azyumardi Azra, Dina Afrianty, and Robert W. Hefner, “Pesantren and Madrasa:
Muslim Schools and National Ideals in Indonesia,” in Schooling Islam: The Culture and
Politics of Modern Muslim Education, 2010.
7 Azyumardi Azra, “Genealogy of Indonesian Islamic Education: Roles in the
Modernization of Muslim Society,” Heritage of Nusantara: International Journal of
Religious Literature and Heritage 4, no. 1 (2015).
100 | AJIS : Academic Journal of Islamic Studies, vol. 8, no. 1, 2023
often called kamil people. This is in accordance with the development of
an increasingly dynamic society as a consequence of scientific and
technological advances, so the actualization of qur'ani values becomes
very important. Because without the actualization of the Qur'an,
Muslims will experience obstacles in trying to internalize the values of
Islamic education In the purpose of Islamic education is clearly so that
humans can apply the values of the Qur'ani, become intelligent people,
become independent people, have a noble ahlak and be devoted to Allah
Almighty.8
Pondok Pesantren is the oldest educational institution in
Indonesia and has a distinctive character of the archipelago that
specifically focuses on Islamic religious education (Educational
Institution Based Religion.) Historically, after the Dutch East Indies
enacted the politiche etische, which was the last two decades of the 19th
century, the Government of the Dutch East Indies established a modern
educational institution (colonial style) with a liberal style that was
originally only for Dutch descendants but eventually also built a school
intended for Indigenous people. Dutch schools were originally only for
limited natives (priyayi) but later developed and even followed by
indigenous leaders by establishing colonial-style educational
institutions. Before that, Pesantren was the only educational institution
in Indonesia with community-based and distinctive Indonesian
character.
The emergence of colonial-based modern educational
institutions presents an interesting dynamic among Islamic boarding
schools. Masduki HS (2003) noted that there were at least three groups
of pesantren Dalma responding to the presence of modern liberal
educational institutions belonging to the colonial. The first group was
boarding schools that blatantly rejected state-owned schools with
suspicious views on colonial rule. Second, there are Pesantren that
receive colonial education and collaborate with typical pesantren
8Armain Arief, Pengantar Ilmu dan Metodologi Pendidikan Islam, (Jakarta: Ciputat
pers, 2002). 22.
Safiudin : Pesantren Law: Challenge and Opportunity | 101
education. The last of the most, the third Group, is the pesantren who
have succeeded in their efforts, refusing to follow the example.
The dynamics of pesantren in facing the threat of modern liberal
education continued until the era of Indonesian independence, even
though this colonial-minded modern education pattern had undergone
elaboration and was adopted into the National education system. Until
now, in responding to modern education, pesantren can be classified as
pesantren that reject modern education, pesantren that accept modern
education and pesantren that successfully collaborate modern education
in the kazhanah tradition of pesantren.
Ade Fakih Kurniawan Explained how youth culture in cyber
activities is related to Islam and education. 9 In line with the view of Ann
Kull argues that important steps in creating awareness among Muslim
students, several conditions must be met such as producing a less
gender-biased interpretation of Islam, an academic climate open to the
inclusion of this interpretation in Islamic education at various levels10
On the other hand, the State with the National Education system
continues to strive to build a symbiotic pattern between modern (official
state) education and Pesantren, which of course, is expected to be a form
of mutualistic relationship. The nomenclature of Islamic boarding
schools began to circulate in the National Education system and various
State policies (mostly in the form of sectoral programs, not an education
budget of at least 20% which is not routine
The peak of efforts to find a pattern of mutualistic relations,
perhaps, reached its peak on September 24, 2019, where the
Government and the House of Representatives enacted Law Number 18
of 2019 concerning Islamic boarding schools. We are still waiting for the
derivative rules of the implementation of the Law (government
regulations, ministerial regulations and so on) so it is still difficult to
assess the implications of this law more to mutualism symbiosis or is it a
9 A Kurniawan and A Alhaq, “Muslimness Discourse, Religious Authority, and
Cyber-Media Activism in Contemporary Indonesia,” 2020.
10 Ann Kull, “At the Forefront of a Post-Patriarchal Islamic Education Female
Teachers in Indonesia,” Journal of International Women’s Studies 11, no. 1 (2009).
102 | AJIS : Academic Journal of Islamic Studies, vol. 8, no. 1, 2023
new trap for Islamic boarding schools. This paper seeks to display the
main content of the Pesantren Law, the characteristics of pesantren with
a historical perspective and seeks to predict the implications (positive
and negative) of the Pesantren Law on the development of Pesantren as
an educational institution that is distinctive and has a native Indonesian
character.
The research about Pesantren law has been done by 11 Which
focused on the Challenge of Legal Pluralism: the Case of Pesantren Law
in Indonesia" This study explores the challenges of implementing
pesantren law in Indonesia, including conflicts with national and
international laws, lack of legal recognition, and divergent
interpretations of Islamic law, 12 potential of pesantren while covid 19
pandemic and 13 this study examines the potential for pesantren to
contribute to local governance in Indonesia through their social and
religious networks. It also discusses the challenges of incorporating
pesantren into local development plans and policies, while 14 This study
analyzes the role of pesantren law in promoting religious harmony and
tolerance in Indonesia. It highlights the need for legal recognition and
protection of pesantren as important institutions for Islamic education
and community development.
This paper try to carry out the Challenge and Opportunity for
Indonesian Islamic Education. The analysis is based on library research.
This research involves a collection of some textbooks, Journals, articles,
virtual resources and internet access. The main resources of this
research are Law Number 18 of 2019 concerning Islamic boarding
schools to encourage the challenge and opportunity of Islamic education
in this case is pesantren in the digital era.
11 I. Nyoman Putu Budiartha, “The Legal Pluralism in Law Education in Indonesia,”
Journal of Advanced Research in Law and Economics 11, no. 3 (2020): 771–774.
12 Fathimatuz Zahra Anis, “Strengthening Roles of Pesantren in The Solving Problems
Management of Coronavirus 19,” Santri: Journal of Pesantren and Fiqh Sosial 1, no. 2
(2020): 141–156.
13 Kiki Mikail, “Cultural Politics in the Transformation of Islamic Education in South
Sumatra: A Study of the Pesantren Law 2019,” Afkaruna: Indonesian Interdisciplinary
Journal of Islamic Studies 18, no. 2 (2022).
14 Saepul Anwar, “Tolerance Education Through Islamic Religious Education in
Indonesia” (2016): 438–442.
Safiudin : Pesantren Law: Challenge and Opportunity | 103
Result
The background of the academic text of the Pesantren Bill also noted
that educational institutions such as pesantren existed long before the
arrival of Islam in Indonesia. Institutions such as pesantren have existed
since the days of the Kapitayan (Pre-Hindu Buddhist) religion.
Meanwhile, some people think that the pesantren pattern is an adoption
of the Hindu Buddhist education pattern that previously existed in
Indonesia, before the arrival of Islam. Where a Monk (Hindu Buddhist
leader teaches a disciple (cantrik) in a special location, which is called by
padepokan. Such a pattern was developed and modified by the guardians
of the spreaders of Islam in the archipelago in teaching Islam to the
community. Thus, it can be concluded, that the pattern of pesantren
education is an educational pattern that is fully present and grows from
the original Indonesian culture.
Because of its existence that is as old as the existence of Islam in the
archipelago, Pesantren has a very large role and contribution to the
development of Islamic education in Indonesia, even for the existence of
this Indonesian state. Pesantren's work in defending and fighting for
Indonesia from the hands of the colonizers lasted for centuries. Perhaps,
the culmination of this work was the emergence of the Jihad resolution
on October 22, 1945, in which Kyai Hasyim Asy'ari, the Caretaker of the
Tebuireng Jombang Islamic Boarding School issued a fatwa on the
obligation of students to fight against the allied army in the spirit of
jihad fi sabilillah. (Irawan, 2016). History also records that pesantren
has produced classy figures such as KH Hasyim Asy'ari, KH Wahid
Hasyim, KH Abdurrahman Wahid (Gusdur), KH Wahab Hasbullah and
even worldwide such as Sheikh Nawawi Bantani, Sheikh Mahfud At
Tarmasy and other scholars.
Pesantren in its history has a distinctive character. This
distinctiveness noted by Bahri Ghazali (2002) is reflected in the 5
elements that are always present in every pesantren, namely. Mosque,
Cottage Building, Santri Mukim, Kyai and Teaching the Yellow Book.
These Five Elements allow pesantren to become a scientific teaching
base that is closely related to the development of the character and
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personality of students. The boarding school education system also has
its distinctive characteristics. Pesantren that still survive with their
traditional dispositions carry out a distinctive pattern, namely the
pattern of teaching bandongan, wetonan and sorogan in studying
religious books written by medieval scholars, or what became known as
the yellow book. Another uniqueness and peculiarity of pesantren is the
existence of an intellectual tradition that transcends the modern
scientific tradition. The excellence and intellectual maturity of a
Boarding School Caregiver (kyai) is not proven by a diploma as befits
the modern intellectual tradition. To be accepted by the public and
recognized for his scholarship a kyai must be known to nasab and sanad
his scholarship. So that among islamic boarding schools, it is not
uncommon for people to ask whose descendants kyai are and who they
are dealing with.
The existence of pesantren to become a subordinate (unofficial)
institution lasted a long time. The state has tried several times to
intervene in the development of pesantren. However, further
comprehensive studies are needed to conclude whether government
intervention in Pesantren in its history is positive or is actually an
attempt by the government to control Pesantren (Given that historically,
Pesantren has succeeded in becoming a controlling force for the
government and the state).
In the old order era, the Government paid attention to Pesantren
with the formulation of the Central Indonesian National Workers Agency
(BP-KNIP) which provided recommendations on the importance of
reviving religious education such as langgar, surau and others. (Hamzah,
2019). This recommendation later became the background for the birth
of the Ministry of Religion which was intended to deal with religious
education problems in Indonesia. When Mr. Suwandi became minister of
PP and K (October 2, 1946- June 27, 1947), he formed the Teaching
Investigating Committee of the Republic of Indonesia chaired by Kihajar
Dewantara. This committee recommended religious schools, in its
report of June 2, 1946 which read that "Teaching in the nature of islamic
boarding schools and madrasas needs to be heightened and modernized
and provided with cost assistance and others. The existence of Islamic
Safiudin : Pesantren Law: Challenge and Opportunity | 105
educational institutions as a component of national education is stated
in Law Number 4 of 1950 in force until now, where in the law it is stated
that studying in religious schools has received recognition from the
Minister of Religious Affairs is considered to have fulfilled learning
obligations.
The authoritarian pattern of the New Order issued many
regulations relating to religious education and Islamic boarding schools.
At the beginning of the New Order government, it had given birth to
policies that harmed Islamic education with the issuance of Presidential
Decree Number 34 of 1972. The contents of the Presidential Decree
outline the division of duties and responsibilities for the overall
development of education and training to three Ministry institutions,
namely the Ministry of Education and Culture, responsible for the
implementation and guidance of general education in skills and
vocational training. The Ministry of Manpower is in charge of and
responsible for the skill and vocational training of non-civil servants and
the State Administrative Institution is in charge of and is responsible for
the special education and training of civil servants. The Ministry of
Religion, which since independence has been in charge of fostering
religious education (pesantren, madrasah and religious schools) has
only been in charge and responsible for compiling religious education
curricula, both for public schools, madrasahs and universities.
The policy that shifted the responsibility of fostering madrasas
and islamic boarding schools caused controversy and unrest among
Islamic figures. The policy pushed for education efforts under one roof
and impacted the secularization of religious education. In the end, based
on the basic proposal of Islamic figures through the Religious Education
and Teaching Advisory Council (MP3A) chaired by Imam Zarkasyi, it was
conveyed to the Minister of Religious Affairs and then continued to the
president during the session on the Development of Islamic Boarding
Schools in Indonesia at the cabinet session of the Cabinet for Social
Affairs on November 26, 1974. The decision was that Presidential
Decree no. 34 of 1972 and Presidential Decree no. 15 of 1974 were not
intended to remove the authority and responsibility of the Minister of
Religious Affairs to manage madrasas and religious education in public
106 | AJIS : Academic Journal of Islamic Studies, vol. 8, no. 1, 2023
schools. Following up on the results of the cabinet session, a team was
formed whose members were representatives of the Ministry of
Religion, Ministry of Education and Culture, Ministry of Home Affairs
and related institutions to formulate the concept of a joint decision
which became known as the Joint Decree (SKB) of 3 ministers, namely,
the Ministry of Religion, Ministry of Education and Culture and Ministry
of Home Affairs in 1975 with the title Improving the Quality of
Education in Madrasahs.
In the reform era, several laws appeared that could be used as an
indication of the government's "attention" to Pesantren, namely Law
number 20 of 2003 concerning the National Education System, and Law
number 12 of 2012 concerning on Higher Education15. From the two
laws, it is not clear the specifics of the regulation on religious education.
Law no. 20 of 2003 on the National Education System only discusses
formal education. This leaves the problem where Pesantren and other
Religious Education that are actually in informal areas have not been
touched. There is a legality that can already be considered touching the
issue of religious education, but hierarchically it is still weak, because it
is only regulated at the level of a Ministerial Regulation or even still a
Director's Decree. This can be seen in Government Regulation number
55 of 2007 concerning Religious Education and Religious Education. In
Government Regulation number 55 of 2007 concerning Religious
Education and Religious Education, it regulates the urgency of religious
education for generations of religious people in Indonesia.
The problem is, how the existence of Pesantren and other
Religious Education as a forum and implementer of religious education
has not been touched. In Government Regulation Number 55 of 2007, it
is explained that religious education is an education that prepares
students to be able to carry out roles that require mastery of knowledge
about religious teachings and / or become experts in religious science
and practice their religious teachings. It's just that this government
regulation has not regulated the existence of the institution as
something that is undoubtedly in carrying out religious education.
15 Indonesian Government. Undang-Undang No. 12 Tahun 2012
Safiudin : Pesantren Law: Challenge and Opportunity | 107
In addition, there is also Presidential Decree number 22 of 2015
concerning Santri Day, Regulation of the Minister of Religion of the
Republic of Indonesia Number 13 of 2014 concerning Islamic Religious
Education, Ministerial Regulation number 18 of 2015 concerning
Muadalah Education Units in Islamic boarding schools, Regulation of the
Minister of Religion of the Republic of Indonesia number 71 of 2015
concerning Ma'had Aly, Decree of the Director General of Islamic
Education number 5877 of 2014 concerning Guidelines for Operational
Permits for Islamic Boarding Schools, Decree of the Director General of
Islamic Education number 5839 of 2014 concerning Guidelines for the
Establishment of Formal Diniyah Education. All of these regulations are
regulations that only regulate education in Islam.
Normatively, Law Number 18 of 2019 concerning Pesantren
(Pesantren Law) is present as a form of State recognition (recognition)
of Pesantren. This recognition is a form of state recognition of the
peculiarities of Pesantren. The Pesantren Law is present as a legal basis
to provide affirmation and facilitate the development of Pesantren.
The Pesantren Law regulates the Implementation of the
Education Function, the Da'wah Function, and the Community
Empowerment Function. Through the Pesantren Law, the
implementation of pesantren education as part of the implementation of
national education. The Pesantren Law provides a legal basis
(recognition) for the role of pesantren in forming, establishing, building
and maintaining the Unitary State of the Republic of Indonesia,
traditions, values and norms, variants and activities, professionalism of
educators and education personnel, as well as a quality assurance
methodology process. The Law on Pesantren also serves as an
affirmative legal basis for guaranteeing equality in the level of quality of
graduates, ease of access for graduates, and independence of Pesantren
management, as well as a legal basis for the Central Government and
Regional Governments to provide facilitation in the development of
Pesantren.16
16Pesantren Law, Explanatory Section paragraph 10
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The Pesantren Law consists of 9 chapters, namely, Chapter I
General Provisions, Chapter II Principles, Objectives and Scope, Chapter
III Establishment and Implementation of Pesantren, Chapter IV
Management of Data and Information, Chapter V Funding, Chapter VI
Cooperation, Chapter VII Community Participation, Chapter VIII
Transitional provisions; Chapter IX Certaintyn Conclusion.
The pesantren law has received a great response from pesantren
and practitioners of Islamic education (at least until now). The presence
of the Pesantren law is considered as the result of the struggle of Islamic
education practitioners so far. The Pesantren Law spreads hope for the
development of pesantren as an educational institution that is no longer
considered "second class", but pesantren which is an inseparable part of
the national education system.
However, it needs to be realized, however, that the Pesantren
Law is a normative that still requires other regulatory tools for its
implementation. Like other laws, the Pesantren Law is a product of
political agreements of State organizers. Of course, there are state
interests behind the promulgation of the Pesantren Law. The state, of
course, has an interest in controlling every citizen, including the
pesantren because of a sub-system in society, which has been known as
part of the most powerful "middle class" control power.
Therefore, what is meant by the challenges of pesantren after the
pesantren law is a problem or problems that arise after the passage of
the pesantren law. This means that the problems that will be faced by
pesantren after the passage of the pesantren law, of course, the
problems faced by this pesantren will vary depending on the conditions
of each pesantren, some are complex, complicated, difficult, and some
are not complex, simple and easy. However, there are also problems that
will be faced thoroughly, in general, by all Islamic boarding schools. So it
can be said that in terms of scope, the challenges of pesantren after the
pesantren law are divided into two, some are special and some are
general. The specific challenge is the challenge that will be faced by the
pesantren depending on the readiness of each islamic boarding school.
Safiudin : Pesantren Law: Challenge and Opportunity | 109
The general challenge means that it is the challenge that will be faced by
all islamic boarding schools.
Discussion
A. Challenges of Islamic Boarding School Education in Indonesia
The specific challenges that will be faced by islamic boarding schools
include the following; Human resources (HR), Learning system
(curriculum), Financial management system and Infrastructure or
learning facilities, but in general challenges that will be faced by islamic
boarding schools include the following; legislation or regulation, map of
relations with relevant ministries, quality assurance system , and
demands competition with other educational institutions.
Judging from the source, in general, the challenges of pesantren are
divided into two, namely internal and external. Internal means
challenges that come from within the islamic boarding school itself,
while external means challenges that come from outside the islamic
boarding school. Those included in the internal category include (1)
Human resources (HR) owned, (2) Financial or financial, (3) Facilities
and Infrastructure of Islamic Boarding Schools. Those that fall into the
external category include (1) Regulations or laws and regulations, (2)
Parties interested in state finances, (3) Progress of science and
technology, (4) National educational institutions as competitors of
quality and quality.
The most important point of the Pesantren Law is the recognition or
state recognition of pesantren graduates, both formal and non-formal.
The formal boarding schools in this law consist of mu'is education and
formal diniyah education, as well as ma'had ali. Meanwhile, the non-
formal education path is in the form of recitation of the yellow book with
several distinctive learning methods. Both formal and non-formal, all
pesantren graduates are recognized as the same as formal education
graduates at a certain level, after being declared to have passed the
exam and graduates can continue to a higher level of formal education,
whether similar or non-similar and/or job opportunities.
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Like other legislative products that have been passed, the pesantren
law leaves some homework for related parties, not only for the
government but also for the management of the islamic boarding school
itself. There are at least nine problems that become homework after the
pesantren law; the first is about funding of pesantren. If the pesantren is
part of a national educational institution that is officially recognized by
the state, then the consequence is that the financial regulation of the
pesantren also follows the existing regulations. In fact, for this one,
pesantren includes institutions that have their own independence,
because so far pesantren are accustomed to being independent in
finding and managing finances. The funding scheme in the pesantren law
is only charged to the Ministry of Religious Affairs. It is clear that the
minister referred to in the Pesantren Law is the Minister of Religious
Affairs. Whereas now, the ministry of religious affairs includes
ministries where there is still a lot of homework related to the existing
budget. This means that the money managed by the ministry of religious
affairs for the current one is still considered inadequate. Especially now
coupled with having to finance islamic boarding schools, which number
up to tens of thousands of islamic boarding schools.
The Pesantren Law does not interfere with the allocation of the
education budget of 20 percent of the state budget. However, in Article
48, there are opportunities for sources of funding that need to be spelled
out into its more strategic implementation rules. Article 48 paragraph
(2) states, "The Central Government assists in funding the
implementation of Pesantren through the state budget in accordance
with the state's financial capabilities and the provisions of laws and
regulations." Then article (3) states, "The Regional Government assists
in funding the implementation of Pesantren through the regional
revenue and expenditure budget in accordance with its authority and
the provisions of laws and regulations."
It is related to pesantren funding, but more specifically about the
Pesantren Endowment Fund (Article 49) which will be taken from the
education endowment fund. The extent to which these funds can be
absorbed by pesantren depends largely on the Presidential Regulation
that will be issued as a consequence of the ratification of the Pesantren
Safiudin : Pesantren Law: Challenge and Opportunity | 111
Bill (Article 49 paragraph 2). This is not a matter of dependence of
pesantren funding on the government, because pesantren are used to
being independent. However, in running the wheels of government,
including the distribution of funding to national educational institutions,
such as islamic boarding schools, the government must be fair.
The Pesantren Law instructs the Minister of Religious Affairs to issue
several regulations. There are at least seven Regulations of the Minister
of Religious Affairs that must be issued immediately, namely (1) PMA
concerning the Establishment of Pesantren (Article 6), (2) PMA
concerning the Implementation of Pesantren Education (Article 24), (3)
PMA concerning the Assembly and Council of Masyayikh (Article 28), (4)
PMA on Quality Assurance of Pesantren (Article 30), (5) PMA on General
Education Curriculum in Pesantren Mu'is (Article 18), (6) PMA on
Pesantren Information System (Article 47), and (7) PMA on Educators
and Education Personnel (Articles 34 and 35). The implementing
regulations of this law must be established no later than 1 (one) year
from the time this law is promulgated, and the sound of the draft
regulations must be socialized to students and the pesantren
community. It is related to state recognition of pesantren graduates.
From the state side, this recognition is an official statement regarding
the integration of pesantren education as it is into national education.
However, in terms of pesantren, state recognition that pesantren is
legitimate as a national educational institution is the same as other
educational institutions, this is also a challenge for pesantren to compete
with other educational institutions in creating a superior generation.
This is certainly not only related to certain academic standards and
curricula that we can argue about, but is related to the life skills that
generations of the nation need to have to compete with other nations.
When it comes to character education, pesantren do not need to be
doubted.
The other chalange is related to the peculiarities of pesantren.
Provisions regarding the community at the national level and the
community council at the pesantren level do not need to be oriented
towards uniformizing the pesantren. The specificity of this pesantren is
related to the culture of the community in which the pesantren was
112 | AJIS : Academic Journal of Islamic Studies, vol. 8, no. 1, 2023
founded and the specialization in the field of scientific studies of
pesantren. This specificity can also be related to the limitations of
pesantren, both financial and the availability of human resources. If the
state cannot provide reciprocity in the form of adequate affirmations to
pesantren, then the spirit that needs to be emphasized from the
derivative rules of this pesantren law is recognition or recognition and
appreciation of pesantren in various regions that have been carrying out
state duties, namely educating the nation's life, not even regulating
pesantren.
And the other is dakwah pesantren function, in addition to holding
educational functions. This pesantren law states that pesantren hold the
function of proselytizing or disseminating the teachings of the Islamic
religion. The articles and verses in this provision are not actually rules,
but are an affirmation of the proselytizing model that has been carried
out by pesantren. Pesantren is a moderate Islamic proselytizing center
(tawassuth), respecting community traditions and stirring the spirit of
love for the Indonesian homeland. From the government side, these
articles on islamic boarding school proselytizing actually contain the
message that preachers are people with certain religious scientific
standards, in this context they have taken a certain level of education in
pesantren. Its form can be in the form of a proselytizing certification.
Da'wah, especially with regard to special issues that develop in society,
must be carried out by people who are already scientifically qualified,
not to be able to memorize one or two verses. On the other hand, in
terms of pesantren, this article of da'wah pesantren reminds students to
be more innovative in preaching, so that the messages of religious
moderation reach today's society, as millennials.
Related to the function of pesantren in community empowerment. In
addition to the functions of education and proselytizing, the Pesantren
Law explains that one of the very important roles of pesantren that has
been carried out is community empowerment. This is what is different
from general educational institutions. Pesantren and its caregivers are at
once community leaders and mobilizers, agents of change in the truest
sense. In terms of community empowerment, pesantren need to be
integrated with local governments. Related to articles criticizing
Safiudin : Pesantren Law: Challenge and Opportunity | 113
pesantren. This is related to the articles on capacity, comfort, hygiene,
health, and other criticisms for pesantren. Some islamic boarding
schools have thousands or tens of thousands of students exceeding
reasonable capacity. This condition certainly affects the comfort of
learning, cleanliness, health and also the safety of Islamic boarding
schools. In this case, criticism cannot be directed to pesantren, because
some people take their children to certain pesantren based on the spirit
of blessing, not other reasons.
Otonomi pesantren does not mean that pesantren must be alone.
Pesantren must remain integrated and blend into the community.
Pesantren must not be closed and must be accessible to the public. A
mosque or musholla pesantren is also a place of worship for the
community around the pesantren. The pesantren law does not bring
pesantren into institutions that are uprooted from their roots, namely as
institutions that stand on the basis of the full support of the surrounding
community.
The explanation above is in accordance with the napa described by
Mustofa The presence of the Pesantren Law, on the one hand is an
increase in class for pesantren, because it is recognized by the state to be
part of the national education system. However, a new challenge
emerged in terms of how to maintain its distinctive character and
freedom from hegemonic state interference, so that it became a
challenge for the pesantren, Rohayana in his research revealed that
1718among the tough challenges was that the boarding school must be
really serious in managing its pesantren. Pesantren must manage
properly and professionally the five elements that make up the
pesantren, namely leadership patterns (kiai), student management,
learning process management, islamic boarding school management,
and learning facility management, and Muhiye mentioned that the
17 Jamal Mustofa and Marwan Salahuddin, "Quo Vadis Pondok Pesantren In The
Era Of Pesantren Law," IJOIS: Indonesian Journal of Islamic Studies 1, no. 01 (2020).
18 A D Rohayana, "Challenges and Opportunities of Pesantren After Pesantren
Law," Ponpes Modern Quran Buaran, 2019.
114 | AJIS : Academic Journal of Islamic Studies, vol. 8, no. 1, 2023
challenges of 19the Pesantren Law, in Indonesia, especially in Cilegon
City, Banten Province, are not determined and do not depend on
economic factors such as demands for fulfilling employment and the
industrial world.
B. Opportunities for Islamic Boarding School Education in Indonesia
To find out the opportunities for pesantren after the passage of the
pesantren law, it is necessary to know the problems of pesantren so far.
Islamic boarding schools, as one of the oldest Islamic educational
institutions originating from indigenous Indonesians, have problems,
both internal and external, that require a solution that is not easy and
requires constructive thinking as well as a fundamental overhaul. These
problems include the following.
First, hygiene is under-observed. One of the problems that occurs
among Islamic boarding schools is poor hygiene. There are often
expressions in various circles, that pesantren is a place that is shabby,
dirty, and so on, resulting in students who are residents in it are also
dirty and shabby. There is even an expression that the student will not
succeed before he experiences scurvy or skin disease, scabs or hives, so
the term santri budug also appears. Therefore, what is needed is to
cultivate awareness about the importance of cleanliness in the
pesantren environment. So that there is no expression, that pesantren
can only say, but cannot apply. The problem of hygiene not being paid
attention to in Islamic boarding schools has actually become an open
secret20.
Second, the discipline of islamic boarding schools. In terms of
discipline, the problem experienced by pesantren is discipline in terms
of learning. There are no specific targets for completing the books taught
by kiai, because in pesantren there is no term for replay or final exam. In
addition, there is no attendance (attendance list) for students in
participating in these lessons, so there is no demand for each student's
19 Muhiyi Shubhie, "The Challenge of the Birth of the Pesantren Law & Perpres
Pesantren Endowment Fund for Regencies / Cities in Banten Provision," Anidom
(Journal of Islamic Education Management) Vol. 6 No 2 (2021).
20Mahpuddin Noor, Potret Dunia Pesantren: Lintasan Sejarah, Perubahan dan
Perkembangan Pondok Pesantren, (Bandung: Humanities, 2006), p. 103
Safiudin : Pesantren Law: Challenge and Opportunity | 115
obligation to follow them. Such loose learning discipline, as a result, the
students become lazy, do not want to compete, compete to finish certain
lessons faster. Then they moved on to other, higher lessons. Therefore,
studying at islamic boarding schools when measured by time, at least
three or six years. The solution, it is hoped that kiai as the leader of the
pesantren must have a certain target in learning classical books. In
addition, kyai should also encourage students when studying, and carry
out acceleration programs for diligent and smart students21.
Third, traditional and less democratic leadership. The pesantren
leadership pattern is traditional leadership whose characteristics are all
held by a kyai. All decisions and provisions, whether written or
unwritten, must go through the hands of the kyai. Without the blessing
of the kyai, all the provisions that have been formulated will not be
decided.
Fourth, management is still not done well. One of the problems that
occurs in the Islamic boarding school environment is that the
management in the islamic boarding school environment is still not
neatly organized. All authority is still held by a leader, namely the kyai.
So, the staff at the islamic boarding school in the form of ustads have no
authority at all for decision making. Thus, it can be said that the
management of islamic boarding schools is an all-mono management.
As an Islamic educational institution, pesantren has at least five of
the following elements: (1) Kiai, tuan guru, ajengan, ustad, or teacher as
an educator, (2) Santri or student as a student, and living in a pesantren,
(3) The learning process, namely studying the yellow book, (4) Student
dormitory or cottage, as a place to stay for students, (5) Mosque or
Mosque, as a place of worship and learning students, and sometimes the
mosque is still integrated with the surrounding community, not
belonging to the Pesantren. At least these five components must be
present in a pesantren.
21Mahpuddin Noor, Portrait of the Pesantren World: The Trajectory of History,
Changes and Development of Islamic Boarding Schools, (Bandung: Humanities, 2006),
p. 121
116 | AJIS : Academic Journal of Islamic Studies, vol. 8, no. 1, 2023
With the passage of the pesantren law, pesantren automatically have
a great opportunity to increase their capacity and capability related to
the five components mentioned above. Also including pesantren has a
great opportunity to answer the four problems above, ranging from
cleanliness, discipline, leadership patterns, and management of islamic
boarding schools.
If you look at the management structure of islamic boarding schools
so far with all the existing advantages, of course there are still many
shortcomings. In terms of management structure, generally islamic
boarding schools are still very simple, even though there are already
good and professional. In general, the management of islamic boarding
schools is dominated by family ties, not open to the public. Even if there
are elements from outside the family, even then it cannot make any
policies, it is still within the control of the boarding school family.
The pattern of pesantrens management as above with the passage of
the pesantren law will certainly decrease, because inevitably the
pesantren management structure will be regulated by regulations from
the 'ministry of religion' as the ministry that 'will' be given the authority
to handle pesantren. On the one hand it will reduce the authority of the
founding family of pesantren, but on the one hand it will give an
opportunity to make the management of pesantren more professional
and accountable. With a professional and accountable management
model, it is almost certain that islamic boarding schools will be more
advanced and develop even more rapidly.
Related to students or students as students in pesantren also get the
opportunity to enjoy great attention from the government, which has
been rarely enjoyed by them. The students will be paid more attention
to and better in accepting the learning process at pesantren, because of
course the regulations in other educational institutions will also be
given to students, such as scholarship assistance and other operational
costs. In other words, students will be better managed and
professionally, because of course there will also be regulations related to
the ratio of the number of educators to students, or the number of
Safiudin : Pesantren Law: Challenge and Opportunity | 117
students to the number of students, as is common in other educational
institutions.
The learning process in pesantren will be better and more advanced,
because this one will be the main demand of pesantren. However,
pesantren will be motivated and obliged to develop their learning
process, in order to prepare students to become reliable and qualified
graduates, who are able to compete with graduates from other islamic
boarding schools or from other formal educational institutions.
Otherwise, then this kind of pesantren will naturally be abandoned by
the people. The community will certainly entrust their sons and
daughters to study in islamic boarding schools whose learning process is
better and more advanced, as has happened in formal educational
institutions so far. Pesantren has a great opportunity to improve the
learning process, because all this will be considered, even the
government is obliged to support it, both morally and materially.
Related to learning places and learning support facilities will
certainly be much different from the era before the promulgation of the
Pesantren law. Learning infrastructure and various other supporting
facilities will be better and more representative. This is because the
government is obliged to provide a budget to repair and supplement it,
as it is given to other formal educational institutions. Islamic boarding
schools have a great opportunity to develop their educational sarpras,
both for the learning process and for the place to stay for students and
the management of islamic boarding schools. The impression of shabby,
dirty, unkempt, and other unfavorable impressions related to islamic
boarding school facilities, will be slowly eliminated. Pesantren has a
great opportunity to have buildings, mosques, and other facilities, which
are worthy of being used as a means of transfer of knowledge and
transfer of values.
Rohayana said that the 22pesantren law provides a great opportunity
for islamic boarding schools to be able to improve the quality and
quality of the five constituent elements. This is because the state has
22 Rohayana, "Tantangan Dan Peluang Pesantren Pasca Undang-Undang
Pesantren."
118 | AJIS : Academic Journal of Islamic Studies, vol. 8, no. 1, 2023
reclaimed its existence, so it is obliged to pay attention to and facilitate
pesantren as the state pays attention to and facilitates other formal
educational institutions. In addition, the diploma of islamic boarding
schools is also recognized so that it can be used to continue education to
a higher level and is recognized by the world of work that needs it,
Nuraeni revealed that with this law strengthening the existence of
Pesantren as an original Indonesian religious educational institution
with its peculiarities, Khairani revealed that Islamic education
opportunities with the inauguration of the Pesantren Law will further
expand and strengthening the solemnity of participants in various
fields, especially in the aspects of tafaqquh fiddin, da'wah, community
empowerment, economic empowerment of the people, and many other
aspects that are often the work of islamic boarding schools2324
To be able to realize the idea of change in pesantren, strong agents of
change are needed, namely creative people. In the context of pesantren
this position can be played by kiai, ustadz or others. Pesantren which
has been viewed as a conservative institution, and is often referred to as
a small kingdom, the role of kyai becomes very strategic in the context of
change management. Especially if you look at the character of pesantren
which is often identified with the figure of a kyai. Because indeed most
pesantren are privately owned institutions of a kyai. Therefore, whether
or not the pesantren institution changes is very dependent on the figure
of the kyai.
Conclusion
The pesantren law provides a great opportunity for islamic
boarding schools to be able to improve the quality and quality of the five
23 Eksistensi Pesantren Dan Analisis Kebijakan Undang-Undang Pesantren," AL-
HIKMAH : Journal of Islamic Education and Religious Education 3, no. 1 (2021).
24 Miftahul Khairani, Hapzi Ali, and Kemas Imron Rosadi, " ANALISIS
PERUMUSAN UNDANG-UNDANG NOMOR 18 TAHUN 2019 TENTANG PESANTREN
SEBAGAI PRODUK POLITIK DAN KEBIJAKAN PENDIDIKAN ISLAM," Journal of Applied
Management Sciences 3, no. 1 (October 31, 2021): 86–95.
Safiudin : Pesantren Law: Challenge and Opportunity | 119
constituent elements. This is because the state has reclaimed its
existence, so it is obliged to pay attention to and facilitate pesantren as
the state pays attention to and facilitates other formal educational
institutions. In addition, the diploma of islamic boarding schools is also
recognized so that it can be used to continue education to a higher level
and be recognized by the world of work that needs it.
Behind the great opportunities obtained by islamic boarding
schools, there are severe challenges for pesantren after the pesantren
law. Among the tough challenges is that islamic boarding schools must
be really serious in managing their boarding schools. Pesantren must
manage properly and professionally the five elements that make up the
pesantren, namely leadership patterns (kiai), student management,
learning process management, boarding school management, and
learning facility management.
In order for pesantren to seize opportunities and be able to
answer challenges appropriately, the islamic boarding school must make
changes. In the context of pesantren, the most appropriate change is the
top-down model, from top to bottom, from kyai to boarding school
administrators and students. This means that innovative ideas related to
pesantren management must first be shared with kyai. The above
innovative ideas must be able to convince kyai before others. If the kyai
has received and given blessings, then the idea will be easier to
implement, Overall, further research is needed to better understand the
challenges and opportunities associated with pesantren law, and to
develop a clear legal framework that can support the continued growth
and development of pesantren as important religious and cultural
institutions.
120 | AJIS : Academic Journal of Islamic Studies, vol. 8, no. 1, 2023
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