PEMBAHARUAN HUKUM PIDANA TERHADAP KRIMINALISASI GURU DALAM MENDISIPLINKAN SISWA MELALUI RESTORATIVE JUSTICE

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
in terms of disciplining students to trigger there are legal problems due to differences in the
view of legal protection for teacher actions in terms of disciplining students with protection
for children. 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 synchronization
type 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 that, First, how is
the law enforcement so far for teachers who carry out disciplinary actions against their
students based on several court decisions. In this case almost all law enforcement of teachers
who carry out disciplinary actions end up in prison. Law Enforcement Officials should pay
attention to the aspect of legal justice for a teacher who disciplines students in carrying out
their profession in addition to requiring legal certainty and justice as well as legal settlement
must have a value of expediency. So that these events do not continue to happen again later.
Secondly, in an effort to reform the criminal law, the settlement of the case can be done
through non-penal efforts by applying the concept of restorative justice in order to maintain
the passion of teachers and educational institutions. mistakes made by teachers should be
resolved beforehand through teacher professional organizations such as the Indonesian
Teachers Honorary Council (DKGI), to assess whether these actions include violations of the
code of ethics or whether they are purely criminal acts which can later become
recommendations to the police to process, of course, by applying the concept restorative
justice as a circular letter from the National Police Chief No .: SE / 8 / VIII / 2018 regarding
the Implementation of Restorative Justice (Restorative Justice), which must be supported by a
policy of renewing criminal law so that it can be properly and maximally applied.
Keywords: Criminalization - Teacher - Restorative Justice- Criminal Law Reform