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 457

Legal Protection For Teachers In Implementing Student

Disciplinary Assignments

Jamaluddin Sungsang

, Evita Istretno Israhadi

, Ahmad Redi

Universitas Borobudur

1,2,3

Email: jamaluddinsungsang@gmail.com

, evita_isretno@borobudur.ac.id

redi.ahmad2010@gmail.com

Corresponding Author: jamaluddinsungsang@gmail.com

ARTICLE INFO

ABSTRACT

Submitted

:02-04-2023

Received

:05-04-2023

Approved

:15-04-2023

Training is a cognizant and arranged work to make a learning air

and educational experience so understudies effectively foster their

capability to have profound strength, poise, character, honorable

person, and the abilities required without anyone else, society,

country, and state. Without schooling that is by public character,

the objectives of accomplishing instruction might be satisfied. The

critical advancement of the country is the advancement of

schooling possessed by the country. The exploration technique

utilized is regulating legitimate examination which is expressive

investigation. The design is to find the execution of legitimate

security for educators in giving discipline to teach their

understudies. In light of the consequences of the information

examination, it was presumed that Regulation Number 14 of 2005

concerning educators and speakers has rigorously safeguarded the

endlessly showing calling, yet at the degree of execution, the force

of the law is as yet not seen to have added to the destiny of

instructors as teachers. Moves made by instructors to train

understudies inside specific cutoff points and are viewed as having

satisfactory objectives by everybody can overrule criminal

authorizations. Giving lawful security to educators in leading their

expert duties is purposed.

Keywords: Legal Protection,

Teachers, Punishment

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

1. Introduction

Education strives to help individuals understand the fundamental essence of all things,

including nature, themselves, and their God. The individual features of the three directly

influence how education is practiced. Islamic education ontology tries to provide explanations

for the essence of nature. It shows that investigating humans and nature in the educational

process is closely related to education.[1] The world of education is a beautiful place full of

e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595

Jurnal Indonesia Sosial Sains, Vol. 4, No. 05, Mei 2023 458

knowledge. It is ideal to demand scientific and moral development from a person in an

educational setting. The world of education is also a means of forming one's character and is a

kind of reasonable investment in strengthening human resources. Economic and social

development is greatly influenced by the progress of education. The same thing was also stated

by Ho Chi Minh (Father of the Vietnamese people) who stated that "no teacher no education, no

education no economic and social development" means that without educators there is no

education, and without education, there is no economic and social development.[2] The

expression implies that the teacher has a forefront role in education in a central position that

most determines the process and results of education as a whole.

One of the key indicators of a country's progress is how well its education system is

performing. It is because education has a key role in the civilization of a nation. When a nation

neglects education, it neglects to cultivate its most valuable resource — the quality of its people

— which is its greatest source of strength, development, wealth, and dignity because this

resource is always renewable. The level of individuals' insight and strength of character decides

these characteristics. The essential job of instruction is additionally requested by the Unified

Countries Instructive, Logical and Social Association (UNESCO), which believes that education

should inform people about their cultural origins, where they live, and how to respect other

people's traditions[3]. The perspective of the field of education is nuanced and includes good

morals and qualities. Some of the educational problems that are currently appearing and

developing along with the dynamics of people's lives, these things have almost completely

disappeared. In contrast, the world of education is facing various difficulties, both internal

problems in the implementation of education itself and external troubles that can hinder the

achievement of educational goals. Of course, internal parties are part of the puzzle that is

directly related to the education sector. While external parties are parties who do not have a

direct interest in the field of education, such as the general public. The peculiarity of anomalies

in the realm of training can be named customary infringement or criminal demonstrations.

One of the causes of indiscipline in studying, working, managing time, using a budget, and

complying with applicable legal norms is someone who violates the law. Our nation is a nation

of laws because everything related to a person's daily life is governed by law, and the

government and law enforcement organizations have developed legal objectives to ensure that

society is orderly, harmonious, safe, and peaceful. In daily life at school, students as well as

teachers and school administration employees sometimes lack discipline, in this case, we as

citizens need to be aware of and obey the applicable legal rules, by the 1945 Constitution

Article 1 paragraph (Sudibyo & Kiyamudin, 2019) which states that the state is a rule of law,

and not a state of absolute power because every citizen is obliged to uphold the law and

sovereign government, this is also confirmed in the 1945 Constitution as a result of the 4th

amendment Article 27 paragraph (1 ), remarked: "All citizens have the same position before

law and government and are obliged to uphold that law and government without exception"

(Ardi, 2015) .

Disciplinary acts carried out by teachers, which in the past were thought of as

unremarkable, have now moved and are considered to disregard common liberties. Thus,

instructors appear to confront a problem, from one viewpoint, the educator should implement

school discipline and request, while then again, they are stressed over being condemned by

guardians or kid safeguard NGOs on charges of savagery against youngsters. The result is that

the instructor gradually loses his firmness when dealing with naughty children or breaking

school rules. If a naughty child is not disciplined, sooner or later the teacher will face legal

problems. The less the instructor decides, especially concerning bad boys, the less power the

teacher has in front of the class. They break the rules more often at school because they will not

be disciplined (Umardani & Liany, 2017) .

e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595

Jurnal Indonesia Sosial Sains, Vol. 4, No. 05, Mei 2023 459

Teacher in this period seems to lose influence in the classroom and do not care about

student behavior. When this has an impact on students' attitudes, behavior, and morals in

everyday life, such as when students finally dare to confront a lecturer, when students act

recklessly in public, or even when students act as if they are not afraid of anything, the impact is

quite clear.

It goes against societal ideals, which state that a teacher should not be seen committing

acts of violence if he or she punishes students according to laws or other social norms.

According to Ali Masyhar who argued that law must develop scientifically from within society

itself, criminal law must be by existing principles in a society built on Pancasila, and be able to

adapt to circumstances (Masyhar, 2015) . This incident of violence perpetrated by the teacher

was caused by several factors, including from the side of the teacher and students. These

factors include the pressure of the teacher's workload, family obligations, teaching methods

that are still rooted in previous generations, especially one-way teaching systems that still

emphasize teacher authority, and a lack of communication between teachers and students.

However, this action is also inseparable from the attitude of students and the quality of

students where there is a degradation of the quality of ethics, manners, and courtesy among

students in this country which at any time can trigger spontaneous actions which are

considered as acts of violence committed by teachers.

One indication of the failure of legal protection for the teaching profession is the rise of

incidents where teachers suffer losses in carrying out their professional obligations. Like any

other profession, teaching is a noble and respected job, but it seems that neither society in

general nor law enforcement officials affiliated with the government fully understand

this(Umardani & Liany, 2017) . Despite the fact that legitimate security for educators has been

controlled in Regulation Number 14 of 2005 concerning Instructors and Lecturers (Mulyani,

2017).Article 7 section (Salahuddin, 1997) letter h commands that instructors probably

ensured lawful assurance in completing their expert obligations. Besides, Article 39 it is

expressed exhaustively:

1. The government, provincial government, local area, proficient associations, as well as

training offices are expected to monitor educators in doing their obligations.

2. The security alluded to in passage (Salahuddin, 1997) incorporates legitimate

assurance, proficient assurance, and word related wellbeing and security insurance.

3. Legal security as alluded to in passage (Mohammad, 2013) incorporates legitimate

security against demonstrations of brutality, dangers, biased treatment, terrorizing, or

unreasonable treatment with respect to understudies, guardians of understudies,

society, administration, or different gatherings.

4. Professional security as alluded to in section (Mohammad, 2013) incorporates

assurance against end of work that isn't by rules and resolutions, giving absurd pay,

limitations on communicating sees, provocation of the calling, and different

limitations/restrictions that might obstruct educators from completing position.

5. Occupational wellbeing and wellbeing security as alluded to in section (Mohammad,

2013) incorporates assurance against dangers of work security aggravations, work

mishaps, fires during work, catastrophic events, and additionally different dangers.

In a broader sense, the demand for protection of the teaching profession includes the

need to protect the individual (self) of the teacher concerned so that he can carry out his

functions and duties as well as possible with a sense of security and comfort. Law Number 14 of

2005 should be able to become a legal basis for teachers in protecting the teaching profession

from legal problems, especially those related to their duties. However, the protection of

teachers is still far from ideal for the teaching profession. So, the teacher seems to be struggling

e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595

Jurnal Indonesia Sosial Sains, Vol. 4, No. 05, Mei 2023 460

alone in solving problems, especially those related to legal issues.

2. Materials and Methods

The sort of examination utilized in this study is standardizing lawful exploration which

centers around sure legitimate standards overseeing the legitimate assurance of educators in

Indonesia. Regularizing regulation examination is likewise called doctrinal regulation

exploration (Jonaedi Efendi, Johnny Ibrahim, & Se, 2018) where the law is conceptualized as

what is written in rules and guidelines (regulation in books), or regulation is conceptualized,

generally speaking, or standard which is a benchmark for individuals' way of behaving towards

what is viewed as suitable.

In light of the sort of regularizing research, the essential strategy utilized is the legal

methodology, since what will be analyzed are different lawful guidelines which are the

concentration as well as the focal topic of the examination (Soekanto, 2006).

Legal material that has been collected is analyzed using qualitative methods, namely

research methods that produce analytical descriptive information. The facts that already exist in

this journal are described, then conclusions and recommendations are drawn using a deductive

way of thinking, namely drawing conclusions that move from things that are general to specific

things.

3. Results and Discussions

Protection of Teachers in Carrying Out Their Obligations as Teachers

Law Number 14 of 2005 concerning Teachers and Lecturers has laid such a solid

foundation to guarantee the teaching profession because it was formed based on the main

objective of improving Indonesia's national education system. Some of the goals are:

1) elevating the poise of educators and teachers;

2) guarantee the freedoms and commitments of educators and teachers;

3) increasing the ability of educators and teachers;

4) advancing the calling and profession of educators and teachers;

5) improve the nature of learning;

6) improve the nature of public schooling;

7) reduce the hole in the accessibility of educators and speakers between locales with

regards to number, quality, scholarly capabilities, and ability;

8) reducing the difference in the nature of training among districts; And

9) improve quality instruction administrations

In particular, the Teacher and Lecturer Law guarantees protection for teachers as

formulated in Article:(Sholikah, 2017)

1) The government, nearby government, local area, proficient associations, as well as

schooling units are expected to safeguard educators in completing their obligations;

2) The assurance alluded to in section (Salahuddin, 1997) incorporates legitimate

security, proficient security, and word related wellbeing and wellbeing security;

e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595

Jurnal Indonesia Sosial Sains, Vol. 4, No. 05, Mei 2023 461

3) Legal security as alluded to in section (Mohammad, 2013) incorporates legitimate

assurance against demonstrations of savagery, dangers, prejudicial treatment,

terrorizing, or unreasonable treatment with respect to understudies, guardians of

understudies, society, administration, or different gatherings;

4) Professional security as alluded to in passage (Mohammad, 2013) incorporates

insurance against end of business that isn't by regulations and guidelines, giving

nonsensical pay, limitations on communicating sees, badgering of the calling, and

different limitations/restrictions that might thwart educators in completing the

errand.

5) Occupational wellbeing and wellbeing insurance as alluded to in passage

(Mohammad, 2013) incorporates insurance against dangers of work security

aggravations, work mishaps, cataclysmic events, workplace wellbeing, and

additionally different dangers.

The norms as formulated in Article 39 of the Teacher and Lecturer Law, can be grouped

into 3 types of teacher protection, namely:

1) Legal security which incorporates insurance against demonstrations of viciousness,

dangers, oppressive treatment, terrorizing, or unjustifiable treatment with respect to

understudies, guardians of understudies, society, administration, or different

gatherings;

2) Professional security which incorporates insurance against end of business that isn't

by regulations and guidelines, giving absurd remuneration, limitations on

communicating sees, provocation of the calling, and different

limitations/disallowances that might ruin instructors from completing their

obligations.

3) Occupational wellbeing and wellbeing insurance which incorporates assurance

against dangers of work security aggravations, work mishaps, cataclysmic events,

workplace wellbeing, or potentially different dangers.

Implementation of legal protection for teachers in providing punishment to discipline

their students.

One of the environments where children are vulnerable to becoming victims of violence is

in school. In schools, for example, violence against children can be perpetrated by unscrupulous

educators, administrative staff, and even the students (students) themselves. Based on the

motivation, violence that occurs in schools can be divided into 2 (two), namely first, pure

violence (without rational reasons), such as persecution, and fights between students. Second,

the application of learning methods that contain elements of violence, for example, the use of

disciplinary punishment to gain student obedience or correct wrong student behavior. Among

all the phenomena of violence that befell children in schools, the use of corporal punishment

against children rarely attracts public attention. Giving corporal punishment as a means of

discipline, hereinafter referred to as corporal punishment, is generally not seen as an act of

violence, but as part of a fast and effective learning tool to discipline or demand child

obedience. Even though the punishment contains violence in it, both physical and

psychological, such as: pinching, hitting, tweaking the ear, standing in front of the class or on

e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595

Jurnal Indonesia Sosial Sains, Vol. 4, No. 05, Mei 2023 462

the ceremonial field, running around the field, and various other forms of irrational

assignments. But unfortunately, the practice of disciplinary punishment is often seen as normal

and has positive goals for the best interests of the child.

In contrast to violence in general, the use of disciplinary punishment (corporal

punishment) is a topic that is still being debated in various circles. For those who are pro, the

use of disciplinary punishment is fairness to educate and improve children's behavior.

Alternately, the people who differ contend that the substance of disciplinary discipline is savage

in nature, which will in general damage kids both truly and mentally. Universally, UNICEF itself

as a global association working in the field of kid security, through its true organization called

"the Unified Countries. Secretary General's Concentrate on Viciousness Against Kids", solidly

expresses that giving disciplinary discipline to youngsters in any climate isn't just a

demonstration of type of brutality against youngsters but at the same time is a type of

infringement of worldwide kids' privileges (Windari, 2015) .

The use of disciplinary discipline as a technique for restraining youngsters at school can

have a decent reason, and at times it is inescapably decided to control the homeroom

circumstance with the goal that it is helpful. However, it is not uncommon for the selection of

forms of disciplinary punishment to be irrational and contain elements of violence with losses

that are disproportionate to the goals to be achieved. Instead of achieving educational goals,

what happens tends to be a form of maltreatment of children under the pretext of education.

Based on the observations of The Child Rights Information Network (CRIN) in 2012,

Indonesia is referred to as one of the countries in the Southeast Asian region that has not

regulated explicitly and prohibited the use of corporal punishment in all environments,

including in the school environment. Several reasons supporting CRIN's statement are as

follows: First, both in the Constitution of the Republic of Indonesia (1945 Constitution of the

Republic of Indonesia), the Criminal Code, Law Number 23 of 2002 concerning Child Protection,

Law Number 39 of 1999 concerning Human Rights, and several other relevant laws cannot be

interpreted as provisions prohibiting the use of corporal punishment.

Moreover, in 2008, the recommendation from the Human Rights Treaty Monitoring Body

to reform existing laws by prohibiting the practice of corporal punishment was rejected. The

argument given by the government at that time was that Indonesia had made a long and

continuous series of efforts to address violence against children and that Indonesia's current

laws and regulations were sufficiently capable of dealing with corporal punishment in

Indonesia. The second reason is that Indonesia's socio-cultural conditions tend to support and

tolerate the use of corporal punishment as the most efficient means of educating for the best

interests of the child.

Indonesia already has a series of laws and regulations that prohibit all forms of violence

against children. The occurrence of these differences in views is more due to differences in

perspectives used in understanding the concept of corporal punishment itself. The opinion that

Indonesia has not banned the practice of corporal punishment arises because there is no single

regulation in Indonesia that clearly states corporal punishment as a variant of physical violence

against children. Form Physical violence that is prohibited in both the Criminal Code and the

Child Protection Act is abuse (child physical abuse). Even though contextually, the concepts of

persecution and corporal punishment are different, in practice, irrational corporal punishment

has the potential to lead to persecution.

Meanwhile, the second view (the government) cannot be blamed either, especially if the

existing regulations do not have strict legal boundaries regarding persecution or corporal

punishment. Thus, the assumption that equates corporal punishment with physical abuse, in

general, cannot be avoided. As a consequence, articles on persecution or physical violence are

considered to be quite effective in corporal punishment cases in general.

e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595

Jurnal Indonesia Sosial Sains, Vol. 4, No. 05, Mei 2023 463

If corporal punishment is interpreted as another form of persecution, then the act can be

qualified as a crime. Crime is an act that is prohibited and punishable by criminal whoever does

it. The act of giving corporal punishment to students at school can be said to have met the

objective elements of a crime, namely fulfilling the formulation of offenses in criminal law and

the existence of an unlawful nature (formal law).

The practice of using corporal punishment as a means of discipline in the school

environment cannot be separated from the teaching profession. The teacher is a noble

profession compared to other professions. Even though it doesn't seem to have as high prestige

as the profession of a manager or other office staff, the teaching profession makes the biggest

contribution to the formation of quality human resources.

Without intending to reduce the teacher's enormous contribution to the world of

education and bearing in mind the importance of the task carried out by a teacher, the teaching

profession must be protected from all kinds of disgraceful actions that could damage the image

of the teaching profession itself.

The protection of the teaching profession itself can be viewed from two perspectives,

namely:(Chairul Huda, 2006)

a. Protection of the teaching profession in a narrow sense, namely individual protection

of teachers in carrying out their profession, which includes:

1) Protection from the actions he takes in carrying out his professional duties

(subject),

2) Protection of the teaching profession from the actions and actions of other people

(objects).

b. Protection of the teaching profession in a broad sense, which is defined as

professional/functional/institutional protection, because the aim is for the teaching

profession or educational institutions to function/function as well as possible so that

the quality of education can be continuously maintained and improved in achieving

national education goals and national development in general.

Even though the duties of a teacher are noble, and even though the welfare conditions of

teachers in Indonesia are not commensurate with the workload they are carrying, it does not

mean that a teacher will be immune from the law, or that any negative actions they commit

cannot be subject to legal provisions. This is because based on the principle of equality before

the law, in principle, the enforcement of the law does not recognize the status of a person, all

must be seen as equal before the law.

The use of corporal punishment as a means of educating is closely related to the duties of

an educator. In carrying out their duties, it is not uncommon for teachers to apply educational

policies that are felt to be hard by students (students), even detrimental to students such as

giving punishments (disciplinary measures) that contain elements of physical violence, for

example: kicking, hitting, confining, suspension or harsh reprimands as other forms of

punishment or discipline.

The use of violence as a means of educating students was mentioned by Ridwan Halim in

1986 in his book entitled "Educational Crimes in the Principles of Indonesian Criminal Law", as

a form of criminal activity in the field of education that is common in schools. In Indonesia,

physical violence used to enforce discipline can be interpreted as a form of abuse. Theoretically,

the persecution of anyone, in any form, at any level, and with any motive, basically cannot be

justified by law, especially if it is done to students in the context of education. In this case,

Article 54 paragraph (Salahuddin, 1997) of Law Number 35 of 2014 concerning Amendments

to Law Number 23 of 2002 concerning Child Protection provides firmness regarding this

e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595

Jurnal Indonesia Sosial Sains, Vol. 4, No. 05, Mei 2023 464

matter, which reads: "Children in and around the education unit are obliged to receive

protection from acts of physical, psychological violence, sexual crimes, and other crimes

committed by educators, educational staff, fellow students, and/or other parties"

Positive criminal law can be applied to teacher behavior or policies which in principle is a

reflection of discipline enforcement in schools, but in a formal juridical sense fulfills the

formulation of a delict/crime. Notwithstanding, assuming that we take a gander at Article 39 of

Regulation Number 14 of 2005 concerning Educators and Speakers over, the classes of security

for educators in doing their obligations or calling incorporate lawful assurance, proficient

security, and word related security and wellbeing insurance. Security for instructors should be

given by the public authority, territorial government, local area, proficient associations, or

instructive units. Thoughtfully Regulation Number 14 of 2005 concerning Instructors and

Speakers has formed the extent of insurance for educators, however the execution of the

security idea contains shortcomings and isn't yet concrete, complete, functional, or material.

The weakness of the concept of protecting teachers in question only concerns the teacher as an

object. Article 39 paragraphs (Mohammad, 2013) and (Sudibyo & Kiyamudin, 2019) do not

accommodate protection for teachers as perpetrators of violence, discrimination, or other acts.

Thus, normatively, Article 39 paragraphs (Mohammad, 2013) and (Sudibyo & Kiyamudin,

2019) in the Law on Teachers and Lecturers do not protect teachers when teachers become

perpetrators of criminal acts.

The articles in Law Number 14 of 2005 concerning Teachers and Lecturers require more

detailed implementing regulations. Several cases that occurred related to the protection of

teachers in their profession required clarification or legal explanation in their settlement. This

law needs to be translated down to the procedural level of case handling. This is very important

considering that teachers are also subjects and objects of criminal law related to giving

punishment to discipline students. In certain cases, teachers were not only reported as

perpetrators of violence against students, but in some cases, they made teachers victims of

violence from students and/or students' parents. In the first case, teachers were reported to

have violated child protection rights when imposing disciplinary sanctions against students,

such as being teased, beaten, yelled at, ordered to run around the schoolyard, told to push up

several times, told to salute the flag in hot weather until the end of class, to clean the toilets, and

so on. The types of disciplinary punishment that were considered normal or "common" in the

past in the world of education, are now "assessed" as no longer educational and are even

considered to violate the Child Protection Act.

Ironically, the facts on the ground show that many teachers do not know and understand

the Child Protection Act. They think that disciplinary punishment given to students is

commonplace, because in the past or when the teacher was a student or his friends may have

experienced such disciplinary punishment. Some were punished with harsher punishments

than those mentioned above, for example, flogging their feet for students who did not complete

their assignments or violated school rules or regulations. Disciplinary sanctions like that were

previously not considered a violation of the law, but now teachers have to be more careful in

giving disciplinary punishment to students. Disciplinary punishments given to students must be

guided by school rules and Law Number 35 of 2014 concerning Amendments to Law Number

23 of 2002 concerning Child Protection (the author calls it the “Child Protection Law”).

Conversely, in the second case, the teacher became a victim of violence by students or

parents. Case Two elementary school (SD) students and their parents in Gowa Regency, South

Sulawesi (Sulsel), ganged up on a teacher during the teaching and learning process, Wednesday

(4/9/2019). The teacher who was beaten and scratched many times had injuries on her face.

The news that was the most shocking and made the public, especially the teachers furious, was

the death of an art teacher in 2018 in Sampang, Madura, who was abused by his students,

e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595

Jurnal Indonesia Sosial Sains, Vol. 4, No. 05, Mei 2023 465

which shocked the public. An art teacher from SMA Negeri I Torjun-Sampang, Ahmad Budi

Cahyono had to die. A case of violence in the form of beating a teacher occurred at SMK 2

Makassar, named Dasrul (52 years), which was committed by the parents of a student named

Adnan Achmad (38 years) on August 10, 2016. According to news released by

Fajaronline.com/2016/08 /10, the case started when Dasrul collected homework assignments

for second-grade students. One of the students, named Airul Aliq Sadang, did not do the

assignment, so the teacher reprimanded him. This incident adds to the length of cases of

violence against teachers and shows the lack of respect for parents of students for teachers. The

teacher is a figure that must be obeyed in school.

Alluding to the case above, apparently the place of an educator as a teacher is many times

in a difficulty, 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. But on the other hand, when teachers try to uphold discipline, they are

confronted by the Child Protection Law and the Indonesian Child Protection Commission (the

author calls it "KPAI"). In the event that they neglect to maintain the discipline of their

understudies and neglect to lead understudies to accomplish instructive objectives, as teachers

educators are many times blamed for being the guilty party for this disappointment. 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. As a result, in carrying out their professional duties,

teachers are often in a dilemmatic position and are even vulnerable to being criminalized. In

the event that educators are constantly defamed in the cases over, the objective of public

training is to foster the capability of understudies to become people who trust in and dread God

All-powerful, have a noble person, are sound, learned, fit, imaginative, free, and become

residents who are popularity based and dependable, won't be accomplished.

4. Conclusion

Instruction is a cognizant and arranged work to make a learning environment and educational

experience so understudies effectively foster their capability to have strict profound strength,

restraint, character, respectable person, and the abilities required without help from anyone else,

society, country, and state. Without schooling that is by public character, the goals of achieving

instruction might be satisfied. The way to advance is the headway of training possessed by the

country.

Educators have an honorable obligation to help understudies as facilitators in accomplishing life

objectives. In science training as well as in moral schooling. Considering that these two things are

interrelated with one another to accomplish a fair condition among insight and conduct. The order

held by the educator to assist with forming a superior country's development is acknowledged by

giving instructing to understudies as per the skills moved by an educator in Regulation Number 14 of

2005 concerning instructors and speakers has unequivocally safeguarded the endlessly showing

calling, yet at the degree of execution, the force of the law is as yet not seen to have added to the

destiny of instructors as teachers. The existing legal protection provisions are still general in nature so

there is no clarity if the teacher as a suspect commits acts of violence in giving punishment in

disciplining students.

5. References

Ardi, Minal. (2015). Pengaruh Pemberian Hukuman Terhadap Disiplin Siswa Dalam Belajar (Penelitian Eksperimen di

e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595

Jurnal Indonesia Sosial Sains, Vol. 4, No. 05, Mei 2023 466

Kelas VIII Sekolah Menengah Pertama Negeri 1 Nanga Tebidah Kecamatan Kayan Hulu Kabupaten Sintang).

Chairul Huda. (2006). Dari Tiada Pidana Tanpa Kesalahan Menuju Kepada Tiada Pertanggungjawaban Pidana Tanpa

kesalahan. Jakarta: Kencana Prenada Media.

Jonaedi Efendi, S. H. I., Johnny Ibrahim, S. H., & Se, M. M. (2018). Metode Penelitian Hukum: Normatif dan Empiris.

Prenada Media.

Masyhar, A. (2015). Keadilan Restoratif dalam hukum Pidana Indonesia (Kajian Perspektif Socio-Legal), Disertasi,

Program Doktor Ilmu Hukum, Fakultas Hukum ….

Mohammad, S. (2013). Psikologi Guru, Konsep dan Aplikasi, dari Guru untuk Guru.

Mulyani, Fitri. (2017). Konsep Kompetensi Guru Dalam Undang-Undang Nomor 14 Tahun 2005 Tentang Guru Dan

Dosen (Kajian Ilmu Pendidikan Islam). Jurnal Pendidikan UNIGA, 3(1), 1–8.

Salahuddin, A. (1997). fisafat Pendidikan, Bandung: Pustaka setia, 2011.

Sholikah, Sholikah. (2017). Analisis undang-undang No. 14 Tahun 2005 Tentang guru Dan Dosen (Sebuah Kajian Kritis).

Akademika, 11(01).

Soekanto, Soerjono. (2006). Pengantar penelitian hukum. Penerbit Universitas Indonesia (UI-Press).

Sudibyo, Ateng, & Kiyamudin, Eki. (2019). Perlindungan Hukum Terhadap Guru Dalam Melaksanakan Tugas

Keprofesionalannya Dikaitkan Dengan Punishment Dalam Mendisiplinkan Siswa. Journal Presumption of Law,

1(2). https://doi.org/10.31949/jpl.v1i2.89

Umardani, Mohammad Kharis, & Liany, Lusy. (2017). Penyuluhan Perlindungan Hukum Guru Dan Adab Siswa Sebagai

Peserta Didik Tingkat Sekolah Menengah Atas (SMA). Jurnal Balireso: Jurnal Pengabdian Pada Masyarakat,

2(2).

Windari, Rusmilawati. (2015). Penggunaan Hukum Disiplin (Corporal Punishment) pada Anak Di Lingkungan Sekolah

Dalam Perspektif Hukum Pidana di Indonesia. Jurnal Hukum PRIORIS, 4(3), 303–328.

https://doi.org/10.25105/prio.v4i3.388