CD Skripsi

Pembaharuan Hukum Pidana Terhadap Kriminalisasi Guru Dalam Mendisiplinkan Siswa Melalui Restorative Justice

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Abstract
Acts of disciplinary action carried out by teachers, which in the past were considered
mediocre, are now considered to violate Human Rights (HAM). The difference in the two
sides of the arrangement between Law Number 14 of 2005 concerning Teachers and
Lecturers and Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002
concerning Child Protection raises differences in perceptions between teachers and parents
which triggered legal problems because disciplinary actions carried out by teachers were
seen as violence against children, so ended up with his teacher in prison. Based on these
problems the author is interested to know first, how is the law enforcement for teachers who
are considered to conduct disciplinary actions against their students based on several court
decisions? Second, how is the renewal of the criminal law against the criminalization of teacher
cases in disciplining students through restorative justice?
This type of research is classified as normative legal research with a type of legal
research synchronization of law. In normative law research, the data source is secondary
data consisting of primary legal materials, secondary legal materials and tertiary legal
materials. Normative legal research data collection uses data collection techniques in the
study of literature. Data obtained through the study of literature will be analyzed
qualitatively. In drawing conclusions the author uses the method of deductive thinking,
namely the way of thinking that draws conclusions from a statement or general proposition
into a statement that is specific.
Based on the results of research and discussion, it can be concluded. First; Law
enforcement against teachers who commit disciplinary actions against their students has
been considered discriminatory and does not provide justice to teachers. Many the law
enforcement against teachers who commit disciplinary acts end up in prison. Problems in law
enforcement are caused by an inconsistency between Law Number 14 of 2005 concerning
Teachers and Lecturers and Government Regulation Number 19 of 2017 concerning
Teachers with Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002
concerning Child Protection, practically since then the disciplinary punishment imposed by
teachers is considered to have committed violence against children. Law enforcement
officials in cases of criminalizing teachers must pay attention to the sides of justice, certainty
and the benefits of the law. Second; reforming the criminal law against the criminalization of
teachers by updating the substance of the law. With the existence of alignment and
boundaries between disciplinary action and violence. The mechanism for resolving crimes
against teachers can first be done through the teacher professional organization by the
Honorary Council of Indonesian Teachers (DKGI) to judge the act as a violation of ethics or
a criminal act. If it violates ethics, it can be subject to ethic sanctions and if it is a criminal
act it can become a recommendation for the police. Furthermore, the police apparatus can
apply the concept of restorative justice based on PERKAP Number 6 of 2019 concerning
Crime Investigation jo. Chief of Police Circular Letter No : SE / 8 / VIII / 2018 concerning
the Application of Restorative Justice in Criminal Case Resolution. Then at the prosecution
level can be applied restorative justice based on the Republic of Indonesia Prosecutor's
Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative
Justice. The criminal law reform policy is needed so that restorative justice can be applied
properly, maximally and integrated.
Keywords: Criminalization - Teacher - Restorative Justice - Criminal Law Reform

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 121 (0030)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2021

Deskripsi Fisik

xii, 29 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 121 (0030)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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