The Federation Of Teachers Strengthens Mutation That's Not The Right Law For Perpetrators Of Sexual Violence In School Environments

ILLUSTRATION PIXABAY

The Federation of Indonesian Teachers' Unions (FSGI) highlighted the sanctions that are often imposed on educators who are perpetrators of cases of sexual violence in the school environment. Most often, the perpetrators who are the most teachers are only subject to mutations or transfers to other schools.

The basis for the rules for imposing sanctions imposed by the regional education office refers to Government Regulation Number 53 of 2010 concerning Civil Servant Discipline (PNS).

"FSGI observes that so far, if there is sexual violence committed by educators, the reference for punishment that is usually used is PP No. 53 of 2010. There are no other regulations related to special mutations for teachers who harm students except PP No. 53 of 2010," said the Head of the FSGI Legal Study Team Guntur Ismail in his statement, Monday, February 20.

Guntur mengungkapkan, Dinas pendidikan di Indonesia umumnya menggunakan peraturan yang berlaku umum yaitu peraturan kepegawanan dalam menangani kasus-kasus pelecehan. Dengan begitu, yang dihukum dalam hal ini bukan jabatan gurunya melainkan pegawainya.

Meanwhile, in the employment law there is no prison sentence. So, when in a case the victim does not report to the police regarding acts of sexual harassment, often the sanctions imposed are in the form of mutations.

In fact, according to him, the actual mutation is not a punishment, but for promotion of position or of the wishes of the employee himself.

"As a result of a number of cases, the teacher repeated the same act in the future at his new place of duty with other child victims, meaning that there is no deterrent effect with the transfer penalty," he explained.

For the record, ahun 2023 has only been running for about a month and a half. However, it turns out that there have been 10 cases of alleged sexual violence in schools or educational units, boarding or not, with 86 children as victims.

From early January to 18 February 2023, 9 cases were recorded as having been reported to the police and all were in the process of being handled by the police, while 1 case in Gunung Kidul was resolved by transferring teaching classes and reducing teaching hours of unscrupulous teachers.

As many as 50 percent of cases of sexual violence occurred at the SD/MI level, 10 percent at the junior high school level, and 40 percent at the Islamic Boarding School.

There are 10 perpetrators of sexual violence in the educational unit environment, all of whom are men. The status of the perpetrators, namely the Head of Ponpes and Teachers as perpetrators, is the largest number, which is 40 percent each, the Principal and the School Guard 10 percent each.

Meanwhile, the total number of victims was 86 children, both men and women. The male victims were 37.20 percent and the female victims reached 62.80 percent.

The incident areas are located in 5 provinces and 10 regencies/cities, namely Mesuji Regency, Central Lampung, South Lampung, North Lampung, and West Lampung in Lampung Province; Batang Regency and Semarang City in Central Java; Gunung Kidul Regency in DI Yogyakarta; Jember Regency in East Java; and East Jakarta City in DKI Jakarta.