Restrukturisasi Perguruan Tinggi Swasta Sebagai Upaya Penyehatan Dan Peningkatan Kualitas Institusi

Abstract

The quantity of private universities in Indonesia that is not comparable with the fulfillment of higher education quality standards and the low quality of graduates is an important issue. Efforts to streamline the number of private universities can be pursued by restructuring legal entities, by means of mergers, consolidations, acquisitions and company separation which are of course adjusted to the character of foundations and private universities. Restructurisation is still experiencing problems that it is necessary to analyse the inhibiting and the supporting factors. This research aims to first, analyse the arrangements of legal protection for the restructurisation of private tertiary institutions, both between foundations and private tertiary institutions; second, formulating a method of restructuring private tertiary institutions that is appropriate for institutional restructurisation. This normative juridical research concludes that arrangements regarding obligation of restructurisation and the transfer of rights and obligations of the parties, first, both in restructurisation among foundations and restructurisation among private universities, need to be clarified in order to provide legal protection for the parties and the successful management of post-restructurised entities. Second, the appropriate restructurisation method to be applied is mergers and consolidations which must be supported by a new set of regulations that provide opportunities and obligation of restructurisation for private universities with certain indicators.

Clusterizations, Mergers and Acquisitions of Higher Education in Indonesia

“…The following criteria apply the prerequisite for mergingprivate universities: (1) each foundation overseeing multiple private universities to be integrated is legitimate in its legal nature; (2) the combined study programs in private higher education institutions are restricted to studies that have at least a minimum accredited status and classification; (3) all private university institutions that are combined have reported the implementation of higher education to the Higher Education Database (PD DIKTI); (4) if a new private university institution requires the addition of a new study program, the curriculum defined for a new study program opened at a new private university is developed in line with the national standards of higher education competences of the graduates; (5) if new private university institutions require the addition of new study programs, there should be at least 6 (six) lecturers per study program unless otherwise stipulated by laws and regulations, with the lowest qualification having a master's degree in the field of science and technology by study programs that will be opened in the newly merged private university institutions; (6) (7) if the addition of a new study program to a new private university facility, educational staff to be formed at the facilities of the merged private university, shall be employed by at least 3 (three) persons for each study program, or a person for the service of a consolidated library of new private university institutions, with a minimum diploma of three, maximum age 56 (fifty-six years), ready to work for 40 (for forty) hours per week in a full-time setting.…”

“…(3) the establishment of criteria, procedures and systems for the admission, accreditation and exit of institutions and programs; (4) the creation of funding sources and mechanisms; (5) the promotion of efficient and open governance; (6) the establishment of a national higher education database; (7) the promotion of an atmosphere for attracting talented young people to education and research; (8) developing mechanisms to enrich the learning and discovery environment by softer contact between students and teachers; (9) finding ways to progressively liberate universities from the administrative burden of associated colleges; and (10) reporting annually on the state of higher education to Parliament [3].…”

“…Based on national data, Indonesia currently has a very large number of university institutions, with a total of 4.621 institutions, consisting of 633 universities, 238 institutes, 909 academies, 36 community colleges, 304 polytechnic, and dominated by 2.501 schools of higher learning [6]. It is feared that the number of university institutions that are too large andstill do not match their full output will not be able to promote improvement in the standard of Indonesian education, but rather to increase the workload of the Ministry of Education and Culture in higher education coaching and supervision [7].…”

University Merger (Systematic Literature Review)

“…Consolidations, which are changes of radical nature, lead to profound identity changes, which can take positive or negative forms from the point of view of the university's development [6]. Mergers are also expected to encourage universities to be more innovative and competitive [7].…”