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, and unfair treatment from students, parents, community, bureaucracy, or other parties. Baidlowi Ahmad S.Pd.I was a professional educator, when disciplining students Ahmad Fais Royadi violated religious norms, immorality, and politeness were given sanctions (Punishment). 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 the Year 2008 Article 39 Paragraph (2) Article 40 Paragraph (2). There is no clear and firm certainty, that 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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References


E. Pranoto, “PEMBANGUNAN SISTEM HUKUM EKONOMI INDONESIA BERLANDASKAN PADA NILAI PANCASILA DI ERA GLOBALISASI,” SPEKTRUM Huk., 2018, doi: 10.35973/sh.v15i1.1111.

Mohammad Abduhzen, “Makna Profesionalitas yang Melekat pada Guru,” Indralaya Ogan Ilir, 2008.

Law Number 35 of 2014 on Amendments to Law Number 23 of 2002 concerning Child Protection, State Gazette of the Republic of Indonesia of 2014 Number 297.

Law Number 14 of 2005 concerning Teachers and Lecturers, State Gazette of the Republic of Indonesia of 2005 Number 157.

Law Number 20 of 2003 concerning the National Education System. Supplement to the State Gazette of the Republic of Indonesia Number 4301.

Regulation of the Minister of Education and Culture of the Republic of Indonesia Number 10 of 2017 concerning Protection of Educators and Education Personnel.

Government Regulation Number 74 of 2008 concerning Teachers, State Gazette of the Republic of Indonesia of 2008 Number 194.




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

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