Vol.4, No.05, Mei 2023

E-ISSN: 2723-6692

P-ISSN: 2723-6595

http://jiss.publikasiindonesia.id/

Jurnal Indonesia Sosial Sains, Vol. 4, No. 05, Mei 2023 467

Violent Crime Policies in the Teaching and Learning Process

from a Criminal Law Perspective

Rohmatullah

, Zudan Arief Fakrulloh

, Megawati Barthos

Universitas Borobudur

1,2,3

Email: rohmatullahmhddjufrie@gmail.com

, cclsis@yahoo.com

megawati_barthos@borobudur.ac.id

Corresponding Author: [email protected]

ARTICLE INFO

ABSTRACT

Submitted

:02-04-2023

Received

:05-04-2023

Approved

:15-04-2023

The reason for viciousness against understudies can happen on the

grounds that educators don't grasp the significance of brutality and

its unfortunate results. The instructor felt that the understudies

would be stopped by whipping. Then again, understudies become

angry and defiant to the educator. The conditions and background

of acts of violence in education are strung together in a spiral

relationship that can appear at any time, by any perpetrator who is

involved in an educational institution, as long as there is a trigger

for the incident. Recently, there have been various cases that

occurred in the educational environment related to violence

perpetrated by teachers against their students. Most of the

occurrences are caused by the application of disciplinary norms

that are too forced on students. Meanwhile, not all students are

accustomed to disciplinary behavior. The wrong way of instilling

discipline can be in the form of both physical and mental violence

against children. The most visible thing is physical violence. It is

not uncommon for this to go to court because parents feel they

have been disadvantaged

Keywords: Policy; Criminal

act; Violence; Learn how to

teach

Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)

1. Introduction

The teacher is an educator who is in the school environment whose job is to teach a lesson

to a student lately, there have been a lot of unpleasant things done by unscrupulous teachers

when educating their students. An unpleasant act itself is an act committed by a person or the

perpetrator, either intentionally or unintentionally, against the law, either forcing other people

or ordering them to do something by ignoring the rights of the victim, so that the victim or

sufferer cannot act. anything. And the consequences of the perpetrator's actions caused

psychological wounds for the victim (Syah, 2012) .

Demonstrations of viciousness that happen locally are progressively disturbing. In settling a

e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595

Jurnal Indonesia Sosial Sains, Vol. 4, No. 05, Mei 2023 468

contention or issue joined by demonstrations of viciousness. As a general rule, demonstrations

of brutality can be deciphered as the deliberate utilization of actual power or power, dangers or

genuine viciousness against oneself, others, or against gatherings or networks, which brings

about injury or is probably going to harm, kill, hurt mentally, unusual development or

misfortune. There are many types of savagery, including actual brutality, verbal viciousness,

mental brutality, monetary savagery, representative savagery, and disregard. Brutality can be

done by people or in gatherings, erratically (in a condition of desperation), or coordinated. In a

social setting, the rise of the hypothesis of brutality can happen in more than one way, as

follows:(Kholiq & Wibowo, 2016)

1) Social situations that allow violence to arise caused by certain social structures.

2) `Prevailing burden, which is a condition when an enormous number of local area

individuals feel that many qualities and standards have been disregarded. This strain

isn't sufficient to cause uproars or viciousness yet additionally turns into the stimulus

for brutality.

3) The development of feelings of widespread hatred towards a particular target. The

target of hatred is related to the triggering factor, namely the event that triggers the

violence.

4) Mobilization for action, namely concrete action in the form of self-organization to act.

This stage is the final stage of accumulation that allows violence to occur.

5) Social control, namely the actions of third parties such as security forces to control,

inhibit, and end violence.

The reason for viciousness against understudies can happen on the grounds that educators

don't figure out the significance of brutality and its adverse results. The educator felt that the

understudies would be hindered by whipping. Then again, understudies become angry and

defiant to the educator. Viciousness in schooling happens because of an absence of warmth

from the educator. The educator regards understudies as subjects. Savagery can happen on the

grounds that the educator does not have anymore or has almost no warmth for understudies,

or before, the instructor himself was dealt with brutally.

A school that should be a place for achievement, has become an arena for thuggery. Schools

that ought to be put to find out about great cultural standards are transformed into

wildernesses without regulation. Solid, strong bosses, have the lawfulness to menace others.

Brutality frequently happens not in that frame of mind of actual savagery, but rather

additionally mental viciousness. Trifling things can be motivation to commit viciousness. Some

of the time viciousness is even managed without reason. It turns into a central issue on the off

chance that savagery happens from the educator to understudies. This is exceptionally

humiliating for the universe of instruction. Educators who ought to be genuine models for

understudies rather set a terrible model for understudies.

Youngsters are buds, potential and people in the future of the country's standards, and play

an essential part in guaranteeing the presence of the country and state from now on, they will

actually want to take on that obligation, then they need to get the vastest conceivable chance to

develop and ideally create, both physical, mental, social, profound. They need to get their

freedoms, should be safeguarded, and flourished. Subsequently all types of brutality against

kids should be forestalled and survived (Abu, 2007) .

The status and state of Indonesian youngsters are a mystery. Preferably, youngsters are the

future beneficiaries and replacements of the country. In genuine terms, the circumstance for

Indonesian youngsters is still and keeps on deteriorating. The universe of youngsters ought to

be hued by playing, learning, and fostering their inclinations and abilities for the future, actually

shaded by dim and miserable information. Indonesian youngsters are still and keep on

encountering brutality.

e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595

Jurnal Indonesia Sosial Sains, Vol. 4, No. 05, Mei 2023 469

Recently, there have been many various cases that have occurred in the educational

environment related to violence perpetrated by teachers against their students. Most of the

cases that occur are caused by the application of disciplinary norms that are too forced on

students. Meanwhile, not all students are accustomed to disciplinary behavior. The wrong way

of instilling discipline can be in the form of both physical and mental violence against children.

The most visible thing is physical violence. It is not uncommon for this to go to court because

the students' parents feel aggrieved (Rahman, Nurjannah, & Utami, 2018) .

Savagery against youngsters is frequently related to apparent viciousness, like physical and

sexual brutality. Despite the fact that brutality that is mental and social (underlying) likewise

for all time affects youngsters. Therefore the term child abuse or mistreatment of children can

range from physical abuse to sexual abuse; from psychological (mental abuse) to social (social

abuse) with the dimensions of structural violence. Poverty often goes hand in hand with low

levels of education, unemployment, and mental stress are generally seen as the dominant

factors that drive cases of violence against children. Weak law enforcement and cultural

practices can also have an impact on the phenomenon of violence against children.

The issue in this paper is the means by which is the approach of rough wrongdoings in the

educating and educational experience according to the point of view of criminal regulation in

Indonesia.

2. Materials and Methods

The strategy utilized recorded as a hard copy this applied paper is an unmistakable

scientific technique, to be specific by utilizing information that plainly portrays the issues

straightforwardly in the field, then, at that point, the examination is done and afterward

finished up to tackle an issue. Strategies for information assortment through perception and

writing study to get critical thinking in the arrangement of this paper.

In line with the research objectives to be achieved, the realm of this research is included in

the actualization of qualitative research, thus a qualitative approach methodology will be used.

According to Petrus Soerjowinoto et al., a qualitative method is a method that emphasizes the

process of understanding researchers on the formulation of problems to construct a complex

and holistic legal phenomenon (Soerjowinoto, 2006) .

Normative juridical approach carried out against certain laws and regulations or written

law, relating to acts of violence committed by teachers against their students (Soemitro, 1990) .

This study describes the condition of the object under study, specifically zeroing in on guideline

and strategies on brutal wrongdoing in the educating and educational experience according to

the point of view of criminal regulation in Indonesia by and by.

3. Results and Discussions

Violent Crime Policies in the Teaching and Learning Process in the Perspective of

Criminal Law in Indonesia.

Criminal regulation, by and large, capabilities to manage individuals' lives to make and

keep public control. People in their endeavors to satisfy their various necessities and interests

in life once in a while experience clashes with each other, which can inflict any kind of damage

e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595

Jurnal Indonesia Sosial Sains, Vol. 4, No. 05, Mei 2023 470

or impede the interests of others. All together not to inflict damage and disrupt the interests of

others to satisfy their requirements, the law gives decides that limit human activities, so he

can't do however he sees fit (Chazawi, 2002) .

In teaching and learning activities, giving punishment is something that is usually done by

teachers from the past to discipline students (students) from bad deeds. However, often due to

a lack of communication between students (students) and students regarding the punishment

by the teacher, this act is considered an act of violence. In this case, it can be categorized as

physical child abuse. Actual youngster misuse is torment, beating, and abuse of kids, regardless

of utilizing specific articles, which make actual wounds or demise youngsters. The type of the

injury can be as scraped spots or injuries because of contact or savagery with a dull item, for

example, indentations, squeezes, belts, or rattan. It can likewise be as consumes from hot gas or

examples brought about by consuming cigarettes or irons and the area of the injuries is

generally tracked down on the thighs, arms, mouth, cheeks, chest, stomach, back, or rump

region (Hamzah, 2008) .

Specifically, Regulation Number 23 of 2002 Concerning Kid Security, as an extraordinary

guideline in regards to youngsters, the educator's activities which are demonstrated as criminal

demonstrations are undermined with Article 80 passage (1) which states: Each and every

individual who perpetrates brutality, savagery or dangers of viciousness or abuse against kids,

will be rebuffed with a most extreme detainment of three years and a half year or potentially a

greatest fine of Rp. 72,000,000.00.

The meaning of educators who give actual authorizations to understudies in the school

climate can be proclaimed as culprits of criminal demonstrations of misuse. Since the instructor

has satisfied the component of oppression (Hiariej, 2016) .

1) Deliberately, to be specific maintaining that the demonstration should happen or

realizing that the demonstration is a demonstration that is denied by regulation. At the

end of the day, an individual is said to do a demonstration deliberately on the off chance

that the demonstration is done enthusiastically and purposely. Somebody who carries

out a crook act has understood that the results of his activities can be under the will or

reason, or not in regards to the will or reason.

2) The activities committed have caused torment, obviously, the actual assents given by

the educator to understudies bring about torment.

In the 2016 Supreme Court decision, with the subject matter of a teacher who cut 4 of his

students' long hair, one of the students did not accept it and beat the teacher along with his

parents. The District Court's decision stated that the teacher had been proven to have

committed a criminal offense with a suspended sentence. The High Court's decision also

strengthened the District Court's decision. Meanwhile, the Supreme Court decision acquits

teachers from criminal prosecution, because it is their duty and is not a crime and the

defendant cannot be sentenced for his actions or actions because it aims to educate his students

to be disciplined.

The place of an instructor as a teacher is in many cases in a situation, between the

requests of the calling and the treatment of society. From one perspective, they are expected to

have the option to lead understudies to accomplish instructive objectives. However, then again,

when educators attempt to maintain discipline, they are stood up to by the Youngster

Assurance Regulation and the Indonesian Kid Insurance Commission. If they failed to uphold

discipline and lead students to achieve educational goals, as educators they are often accused of

being the culprit for the failure. The most crucial problem faced by a teacher is when they have

to give punishment to students who violate school rules and regulations to uphold discipline,

parents, and society often judge this as an act of violating human rights or violating the Child

Protection Act. They easily report the teacher's actions to law enforcement (read: police or

e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595

Jurnal Indonesia Sosial Sains, Vol. 4, No. 05, Mei 2023 471

KPAI). As a result, in carrying out their professional duties, teachers are often in a dilemmatic

position and are even vulnerable to being criminalized (Wahyuni, 2008) .

There is often a lot of news on social media about a teacher who was complained by the

parents of students because they were considered to have physically and psychologically

abused their students, as well as news about teachers who have been abused and beaten up by

parents of students. Teachers were reported to have violated child protection rights when

giving sanctions for disciplinary violations against students, such as being jeered, beaten, yelled

at, told to run around the schoolyard, told to do push-ups several times, told to salute the flag in

hot weather until the end of class, cleaned the toilets, and so on. The types of disciplinary

punishment that were considered normal or commonplace in the past in the world of education

are now considered no longer educational and are even considered to violate the Child

Protection Act. Disciplinary sanctions like that were previously not considered a violation of the

law, but now teachers must be more careful in giving disciplinary punishment to students.

Disciplinary disciplines given to understudies should be directed by school rules and

Regulation Number 35 of 2014 concerning Revisions to Regulation Number 23 of 2002

concerning Kid Insurance.

To complete their expert obligations, educators have privileges and commitments,

remembering getting insurance for doing their obligations and having the opportunity to give

evaluations and take part in deciding graduation, grants, as well as authorizations for

understudies by instructive principles, the educator's set of rules and regulations and

guidelines; and get a conviction that all is good and confirmation of security in doing the

undertaking. Security for educators in doing their obligations is additionally controlled in

Unofficial law Number. 74 of 2008 concerning Instructors. Article 40 article (39) makes sense

of that:

1) Teachers have the opportunity to force sanctions on their understudies who abuse

strict standards, standards of conventionality, standards of respectability, composed

and unwritten guidelines set by the educator, guidelines at the degree of instructive

units, and regulations and guidelines in the growing experience which are under their

power;

2) Sanctions as alluded to in passage (1) can be as censures and additionally admonitions,

both oral and composed, as well as instructive disciplines by instructive guidelines,

educator set of rules, and regulations and guidelines;

3) Violations of the schooling unit guidelines committed by understudies whose

approvals are past the power of the educator, are accounted for by the instructor to

the top of the training unit;

4) Violations of regulations and guidelines committed by understudies are accounted for

by the instructor to the head of the schooling unit to be followed up by legal

arrangements.

Furthermore, in Article 40 article (40) explains that: Educators reserve the option to get

assurance in completing their obligations as a conviction that all is good and certifications of

security from the public authority, neighborhood government, training units, educator

proficient associations, or potentially the local area by their separate specialists.(Kriswanto,

2022)

Based on the jurisprudence of the Supreme Court (MA), teachers cannot be punished

when carrying out their profession and taking disciplinary action against students. The

protection of the teaching profession itself has been recognized in PP Number 74 of 2008. In

the PP, instructors are proficient teachers with the fundamental assignment of teaching,

educating, directing, coordinating, preparing, surveying, and assessing understudies in youth

training through proper schooling. rudimentary training, and optional instruction. In

e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595

Jurnal Indonesia Sosial Sains, Vol. 4, No. 05, Mei 2023 472

instructing, educating, guiding, and evaluating students, teachers are given academic freedom

to apply existing methods. In addition, the teacher is not only authorized to reward his students

but also to give punishment to these students. "Educators have the opportunity to give

approvals to their understudies who abuse strict standards, standards of goodness, standards

of fairness, composed and unwritten guidelines set by the instructor, guidelines at the degree of

instructive units, and regulations and guidelines in the growing experience which are under

their position," reads Article 39 paragraph 1. In paragraph 2 it is stated that these

authorizations can be as censures and additionally admonitions, both verbally and recorded as

a hard copy, as well as instructive disciplines by instructive norms, the instructor's set of rules,

and regulations and guidelines. "Educators reserve the option to get security in completing

their obligations as a feeling that everything is good and certifications of wellbeing from the

public authority, territorial legislatures, schooling units, instructor proficient associations, or

potentially the local area following their separate specialists," as underscored in Article 40. A

feeling that all is well with the world and confirmation This security is gotten by educators

through lawful, proficient, and word related wellbeing and wellbeing insurance. "Instructors

reserve the privilege to get legitimate security from demonstrations of viciousness, dangers,

prejudicial treatment, terrorizing, or out of line treatment with respect to understudies,

guardians of understudies, society, administration, or different gatherings," as stated in Article

41.

Seen according to the point of view of Indonesian criminal regulation, there are a few

considerations from criminal regulation specialists in regards to one side to instruct guardians

and gatekeepers of their youngsters, the option to instruct educators, speakers, and mentors

for their understudies or understudies, including Andi Zainal Abidin Farid, including the option

to teach individuals guardians or watchmen, educators as explanations behind criminal

exception outside the Lawbreaker Code. It is said that guardians, educators, and individuals

responsible for teaching, "inside specific cutoff points" reserve the privilege to deny youngsters

who are not yet grown-ups, for instance constraining them not to leave their rooms, requesting

them to remain in a large number of classes is finished, or requesting them to return to school

in the early evening. "It is not an unlawful deprivation of liberty." Punishing children by

spanking "under certain circumstances" and "as long as it is carried out educationally" does not

constitute abuse.(Kriswanto, 2022)

4. Conclusion

After going through the analysis and discussion above, the writer can conclude the

following: Based on the jurisprudence of the Supreme Court (MA), teachers cannot be punished

when carrying out their profession and taking disciplinary action against students. The

protection of the teaching profession itself has been recognized in PP Number 74 of 2008. In

the PP, educators are proficient instructors with the primary errand of instructing, educating,

directing, coordinating, preparing, surveying, and assessing understudies in youth training

through conventional schooling. rudimentary instruction, and auxiliary schooling. In teaching,

educating, guiding, and evaluating students, teachers are given academic freedom to apply

existing methods.

Educators reserve the option to get assurance in completing their obligations as a feeling

that all is well with the world and certifications of security from the public authority, provincial

legislatures, instructive units, proficient educator associations, or potentially the local area by

their separate specialists," as underscored in Article 40. Feeling that all is well with the world

and assurances of security This is gotten by instructors through legitimate, proficient, and word

related wellbeing and wellbeing insurance. "Instructors reserve the option to get legitimate

e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595

Jurnal Indonesia Sosial Sains, Vol. 4, No. 05, Mei 2023 473

assurance from demonstrations of savagery, dangers, prejudicial treatment, terrorizing, or out

of line treatment with respect to understudies, guardians of understudies, society,

administration, or different gatherings," as stated in Article 41.

5. References

Abu, H. (2007). Child Abuse: Kekerasan Terhadap Anak (Edisi Revisi).

Chazawi, A. (2002). Pelajaran Hukum Pidana 2: Penafsiran Hukum Pidana, Dasar Pemidanaan &

Peringanan Pidana, Kejahatan Aduan, Perbarengan & Ajaran ….

Hamzah, B. Uno. (2008). Profesi Kependidikan Problema, Solusi dan Reformasi Pendidikan di Indonesia.

Hiariej. (2016). Prinsip-prinsip hukum pidana.

Kholiq, M. Abdul, & Wibowo, Ari. (2016). Penerapan teori tujuan pemidanaan dalam perkara kekerasan

terhadap perempuan: Studi putusan hakim. Jurnal Hukum Ius Quia Iustum, 23(2), 186–205.

Kriswanto. (2022). Kejahatan sejak dahulu hingga sekarang selalu mendapatkan sorotan , baik itu dari

kalangan pemerintah maupun dari masyarakat itu sendiri . Persoalan kejahatan bukanlah

merupakan persoalan yang sederhana terutama dalam masyarakat yang sedang mengalami perk.

Res Justitia: Jurnal Ilmu Hukum, 2, 40–65.

Rahman, Akfa Syaufika, Nurjannah, Siti, & Utami, Intan Rahma. (2018). Dampak Maraknya Kekerasan

antar Pelajar Terhadap Motivasi Belajar. Jurma: Jurnal Program Mahasiswa Kreatif, 2(2).

Soemitro, RH. (1990). Metodologi penelitian hukum dan jurimetri.

Soerjowinoto, P. (2006). Buku Pedoman Metode Penelitian Karya Hukum & Skripsi.

Syah, M. (2012). Dasar-Dasar Ilmu Pendidikan.

Wahyuni, Sri. (2008). Kebijakan Hukum Pidana dalam Memberikan Perlindungan Hukum Terhadap

Korban Tindak Pidana Kejahatan dalam Sistem Peradilan Pidana di Indonesia. LAW REFORM, 3(2),

82–100.