With the percentage of students graduation close to a perfect score which is 99.22% for Senior High School (SMA) and 99.52% for Junior High School (SMP) as well as the level of fraud is down drastically, the Government claimed that the implementation of the National Examination (UN) in 2010/2011 went very well and success. According to the Government, the successful implementation of the national examination because of new policy set by the government over the new formula for students’ graduation in the national examination, which is obtained from the composition of 60% from national examination score plus 40% from school exams score. The government argued this policy was carried out to appreciate the learning process of students and accommodate the role of teachers in determining student graduation.

DPD RI found some empirical finding on supervision of the national exam implementation which indicating failure of national exam. First, there was duplication on student cognitive aspect assessment with implementation of new graduation formula. Although 40% of school assessment included of cognitive, affective, and psychomotor assessment, but 60% of the national exam were from cognitive aspects assessment. Second, there was new mode of fraud being done to boost the value of school by carrying out repairs or re-writing students report cards in order to increase the average of students’ semester grades. Because the composition of school grades, as much as 40% were from the average value of report cards. Third, the purpose of the national exam as a mapping for the quality of education failed to be achieve by the government, because the reality was each school in Indonesia with a graduation rate of students reached 100% has a different condition in terms of facilities and infrastructure, so it can be accounted for validity without burdened with the passed and did not pass;

Based on the condition above, the DPD RI has consistently argued that the implementation of the national exam has not yet met the prerequisites of Supreme Court No. 2596 K/Pdt/2009 in the form of citizen lawsuit case against the national exam implementation. Supreme Court decision stated that before the implementation of the national exam the government was hoped to improve teacher quality, completeness of school facilities and infrastructure, and information access in all regions of Indonesia. The fact that requirement has not been met by government had legal impact on implementation of the national exam 2010/2011 violated the Supreme Court decision. In addition, DPD is also demanding the government to stop the national exam as a tool of evaluating student learning outcomes and return the task of educators to evaluate students as mandated by Article 58 paragraph (1) of Law no. 20 of 2003 on National Education System.

The results of the DPD RI supervision over the implementation of Law no. 20 of 2003 on National Education System regarding the implementation of the National Exam of School Year 2010-2011 which have been decided at the 13th Plenary Session on June 14, 2011 concluded and recommended things as follow:

A. Conclusions

1. Recommendation Supervision Result of DPD RI Number 24/DPD RI/III/2009-2010 on Implementation of Law no. 20 of 2003 on National Education System related to the implementation of the National Exam Study Year 2009/2010 has not been fully implemented by the Government.

2. Implementation of the national exam of school year 2010/2011 contradicted against the Law Number 20 Year 2003 on National Education System and the decision of Supreme Court on the case Number 2596 K/Pdt/2009.

3. The national exam just testing the cognitive aspects of learners while affective and psychomotor aspects which were equal importance were ignored.

4. The national exam failed to present a map of national education quality. Mapping results were based on graduation rates which did not valid, because there was still a fraud in the implementation of the national exam, the difference of quantity and quality of teachers, poor infrastructure and information access inequalities between regions.

5. Implementation of the national exam was not accompanied by budget transparency and there was indication of funds diversion that allocated for each national exam participant.

B. Recommendations

DPD RI recommended to the Government to do things as follow:

1. Demanding on the Government to implement the recommendations Supervision Result of DPD RI Number 24/DPD RI/III/2009-2010 on Implementation of Law no. 20 of 2003 on National Education System related to the implementation of the National Exam of Study Year 2009/2010.

2. Stopping the national exam as a tool of the final evaluation of students learning outcomes. Final evaluation of students learning outcomes returned to school as mandated by Article 58 paragraph (1) of Law no. 20 of 2003 on National Education System (UU Sisdiknas).

3. Mapping the education through research or scientific survey that can be accounted its validity without burdened with passed or did not pass and the promising the assistance.

4. Following up on all forms of fraud and violation of national exam implementation, including budget diversion through the legal handling or administrative action.

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