Kompas, page 12
The even distribution of teachers in all territories requires specific measures from the government, such as the presidential instruction. The reckless/hasty transfer of teachers could clash with the State Civil Apparatus Law, Law on State Treasury and the Central Government Law. Vice-Chairman of House Commission X Ferdiansyah said that if President Joko Widodo were committed to this issue, the President could just make a presidential instruction (inpres). It is much faster than making a presidential decree that takes a long time in its endorsement.
Ferdinand said the majority of teachers are still concentrated in large cities. As a result, there are areas that are in shortage of teachers, also some that are in surplus of teachers. Such surplus and shortages include the population of teachers and subject fields. According to him, the problem occurs because civil servant (PNS) teachers are appointed and placement determined by the respective regional administrations. This triggers the reluctance of regency/ city administration to allow/permit the PNS teachers to be transferred to other areas. If there is a presidential instruction (inpres) at least the governor could set the transfer of teachers in their respective provinces. Afterwards, we could think about a presidential decree that allows the transfers to be done across provinces.
State Civil Apparatus Commission Chairman Sofyan Effendi argued the careless transfer of teachers is contrary to three laws. If the PNS teachers are transferred to other regencies/ cities, although in the same province, the regional administration left behind would have to worry about administratively arranging for the transfer of the budget. The regional administration that accepts these teachers must also arrange for the budget they receive in line with the arrival of the new teachers.
He explained that the budget system applied in Indonesia, according to Law of the State Treasury is the number of civil servants in a region is given a quota based on the budget the regional administration has, not vice versa. Even if the transfer of civil servants is approved, the process takes a long time. According to Sofyan, the rule in the Law on State Civil Apparatus only allows civil servants of echelons 1 and 2 to be transferred across provinces because their binding official obligation is national in nature.