IMPLEMENTATION OF LEGAL PROTECTION FOR TEACHERS TO TACKLING CRIMINAL ACTS OF PERSECUTION

Suharyanta Suharyanta

Abstract


The teacher has the task of teaching, educating, guiding, directing, training, evaluating, evaluating students to realize the goals of national education, upholding school discipline, disciplining students who violate the discipline given sanctions so that they are aware of their mistakes. Teachers have the right to obtain legal protection in their duties, including protection against acts of violence, threats, discriminatory treatment, intimidation, unfair treatment from students, parents, community, bureaucracy, or other parties. Baidlowi Ahmad S.Pd.I as a professional educator, when disciplining students Ahmad Fais Royadi violated religious norms, immorality, and politeness were given sanctions (Punisment). Students complain to parents, suspecting that teachers are acting in violation of Law Number 23 of 2002 on Child Protection, article 54. Parents report teachers to the Indonesian Child Protection Commission (KPAI) and the Police. This research was prepared using a normative juridical approach, which is research focused on examining the application of rules or norms in positive law. The results showed that the implementation of the legal protection of Baidlowo Ahmad, S.Pd.I teachers regulated by Law No.30 of 2002 concerning the National Education System article 40 paragraph (1) d, Law No. 14 of 2005 concerning Teachers and Lecturers Article 39 Paragraph (1), (2), (3), Government Regulation Number 74 Year 2008 Article 39 Paragraph (2) Article 40 Paragraph (2). There is no clear and firm certainty, prioritizing teacher welfare can be ruled out by child protection which contains strict sanctions. Legal protection arrangements for teachers are ruled out by child protection, teachers should get equitable legal protection.


Keywords


Legal protection; Teacher.

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DOI: http://dx.doi.org/10.35973/malrev.v1i2.1613

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