Teachers In NTB Policed As A Result Of The Law Of Students Not Praying In Congregation, Unsykula Encourages Restorative Justice

Illustration of the application of restorative justice (RJ) in legal cases. (Pixabay)

JATENG - The Faculty of Law, Sultan Agung Islamic University (Uriskula) Semarang encourages the settlement of the case of an honorary teacher in West Nusa Tenggara (NTB) named Akbar Sarosa through restorative justice or restorative justice. Head of the Center for Police Science Studies (PSIK) FH Umisula Dr. Muhammad Taufiq said the honorary teacher at SMK Negeri 1 Taliwang NTB was reported by the parents of students for alleged abuse for punishing their students who did not perform congregational prayers. "Law enforcement problems always experience inequality between legal aspects in expectations (das solitary) and aspects of law enforcement in reality (das sein)," he said in Semarang, Central Java (Central Java), Thursday, October 19, which was confiscated by Antara. Akbar said that in the context of this problem, the congregational prayers are a compulsory school program. "Based on the report, Akbar is now a city prisoner and is currently undergoing trial," he said. Not only that, the victim's family also filed a claim for compensation of Rp. 50 million to Akbar. Taufiq said that Akbar's case is now in the spotlight of various groups and has caused pros and cons. However, the authorities must continue to ensure that the case is resolved fairly based on applicable legal provisions. Likewise for educational institutions, he continued, disciplinary policies need to be improved without having to reduce the rules due to this incident. "Disciplination in the world of education is part of an effort to improve students' quality, morals, and manners," he said. He said that his party wanted to convey a legal opinion (legal opinion) so that the case would be resolved through restorative justice or restorative justice. "Restorative justice is a unifying concept, bringing together between the perpetrator and the victim," he said.

Taufiq explained that there are many legal bases for restorative justice, such as Police Regulation Number 8/2021 for the police, Prosecutor's Regulation Number 15/2020 for prosecutors, as well as for general justice bodies. According to him, many criminal cases in Indonesia have been resolved in a restorative manner, such as the accident case causing the death toll involving the children of Ahmad Dhani and Hatta Radjasa. "There is also in Bangka Belitung, during the pandemic, someone stole a cellphone so that their child could go to online school. That's his Kajari to crying, resolved, never prosecuted, and the child was given a cellphone," he said. Therefore, he said, FH Uendusula hoped that the panel of judges who tried and examined the case would be able to give a decision using a restorative justice approach. Meanwhile, criminal law expert Umisula Dr. Sugiharto said that restorative justice is an enforcement of the law aimed at restoring a balance that is disrupted in the community. "With a restorative justice approach, the balance that was originally disrupted can return to good and recover. No one feels won or defeated because all parties involved can accept it," he concluded.