Beware Of Teacher Criminalization, Understand Legal Protection For Educators

JAKARTA - Teacher criminalization cases in Indonesia continue to be in the public spotlight. Various incidents of violence to policing experienced by teachers, especially in the context of teaching and discipline of students, show how vulnerable educators are to legal entanglement when carrying out their duties.

In an effort to strengthen legal understanding and advocacy for teachers, the Satkaara Sharing Teacher Community (KGSB) held a webinar entitled 'Beware of Teacher Criminalization, Understand Legal Protection for Educators'. Activities aimed at strengthening legal understanding for teachers were held online last weekend and attended by more than 200 participants, both members and non-members of KGSB.

In his remarks, KGSB founder Ruth Andriani emphasized the importance of discussing the issue of this issue as an effort to improve the legal protection system to support the teacher's duties in carrying out his educational duties safely and comfortably. According to him, cases of criminalization of teachers often occur due to a lack of understanding of boundaries in disciplining students. He highlighted how the Child Protection Law often becomes the basis for consolidating teachers.

"We need clear legal support so that disciplinary action is not considered a criminal act. However, teachers must also understand the limits in disciplining students, there should be no violence, both physical and verbal," he said firmly.

Recommendations For Illegal Formation For Teachers

Asfinawati, former Director of YLBHI for the 2017-2021 period who is now active as a teacher at the Jentera Indonesian Law College and Deputy Chair of the Community Service Division for the 2020-2024 period, explained that legal protection for teachers has actually been regulated in various regulations, including Law Number 14/2005 concerning Teachers and Lecturers. In the second part of Rights and Obligations, in accordance with Article 14 Paragraph 1(f), teachers have the freedom to provide assessments and participate in determining graduations, awards, and sanctions to students in accordance with the rules of education, code of ethics and laws and regulations.

According to him, the law is actually quite strong in overcoming problems that have the potential to become a tool to criminalize teachers. However, he admits, the implementation of protection in the field often does not go as expected. The many cases of criminalization of teachers that occur are a reflection of not implementing criminal procedural law correctly and the lack of legal literacy, both among teachers and the community. The law is actually strong enough to protect teachers, but what often happens is the wrong application of criminal procedural law,' he said.

Regarding real efforts to protect teachers' duties in the field, he recommends establishing a legal paralle as one of the legal advocacy steps for teachers. Paralegals are people who have legal skills and have attended training to help people with legal problems, but not lawyers. Paralegals work under the guidance of lawyers or with sufficient legal ability.

The former Director of LBH Jakarta for the 2006-2009 period explained that the paralegal can be the first legal companion for teachers who face legal problems. The existence of these paralegals is important considering that most LBHs are located on the island of Java and are maximal in the district capital, while many teachers whose domiciles are scattered in various corners of the country.

Paralegals are practical solutions, especially for teachers in remote areas who are far from access to ormal legal services. They can help compile chronology, assist in the police process, and provide non-litigation consultations," he said, adding that the most important first aid was assistance in the first BAP which greatly determined the next legal process.

In addition, Asfinawati also recommends strategic steps in the form of closer cooperation, such as the signing of a Memorandum of Understanding (MoU), between teacher organizations and the police, to protect teachers in carrying out their duties. Prior to that, he added, it would be better if internal protection in schools was also strengthened by the existence of a Task Force (Satgas). This task force is not only tasked with protecting teachers but also students from various potential bullying, sexual harassment and threats that are dangerous.

Furthermore, webinars also highlight the need to strengthen professional unions and the teaching community because basically teachers are also impossible to solve legal problems alone. Asfin invites teachers and community professional unions such as KGSB to make studies about what causes these various legal problems from both sides. Namely from the side of what happened to the teacher and on the other hand what students feel.

Regarding the synergy between organizations, Chairman of the Indonesian STH Jentera Aria Suyudi expressed his appreciation for the efforts that the KGSB had made. Aria, who was recently appointed as Chairman of the Jentera STH on Friday (15/11), emphasized that the institution he leads views the importance of these kinds of efforts to increase legal literacy and legal empowerment in society. The final goal is that the community is truly able to become an equalizer and active player in the democratic process in Indonesia.

Discipline Limits So As Not To Break The Law

Aria argues that the position of a teacher who is very vulnerable to criminalization is due to the potential for multiple legal interpretations. But above all, he emphasized that the key to legal harmony in relationships between various parties is understanding how the law regulates and understandings the boundaries of interaction with third parties.

Asfinawati then suggested that teachers carry out the contemplation process first when they are dragged into legal problems in the context of teaching. "The first thing to do is to reflect first on what causes the problem to arise. But what often happens, we are busy with the consequences first," he explained.

He also provides views on how to discipline students who do not violate legal boundaries. Touching students' bodies or applying forms of punishment that involve violence, both physically and psychologically, he stressed, can lead to human rights violations that have been regulated in international conventions. Alternatively, he recommends forms of more educational social punishment, such as community duties or social activities.

"Inspirations of disciplinary action must be reconsidered, so that it is not only in accordance with the law but also still provides education value for students," he suggested.

Furthermore, this webinar also highlights the importance of enforcing the code of ethics of the teaching profession which can be a guide in handling legal cases related to discipline. This code of ethics will not only be a guide for teachers but also for the police and other legal parties in assessing whether the teacher's actions are categorized as violating the law or not," he explained.

The event closed with the hope that this webinar could be a starting point for systemic changes in protecting teachers from criminalization. There is no freedom without effort. Freedom must be fought for and won. So let's fight for legal protection for teachers so that they can educate safely and comfortably," said Asfinawati quoting the words of American politician A. Philip Randolph in his statement.

Don't forget Ruth invites all parties, from teachers to the general public, to play an active role in supporting educators in carrying out their duties. This webinar is proof of KGSB's commitment to fighting for teacher rights, as well as encouraging constructive dialogue to create a better education ecosystem in Indonesia.