Teachers and the Dilemma of Profession
For a teacher, the duties and functions of their profession are not only to transfer knowledge to their students, more than that, the noble cult mission of a teacher is to make their students become human beings who can be responsible for themselves and the people around them, so in order to carry out this noble task, teachers should be given the freedom to give punishments to their students that are educational (see Law No. 14 of 2005 concerning Teachers and Lecturers).
The guarantee of freedom for a teacher to their students that is educational has been guaranteed by laws and regulations, this is regulated in article 39 paragraph 1 (PP No. 74/2008 concerning Teachers) which states that "Teachers have the freedom to impose sanctions on their students who violate religious norms, moral norms, norms of decency, written and unwritten regulations set by the Teacher, regulations at the education unit level, and laws and regulations in the learning process under their authority" furthermore, paragraph 2 states that Sanctions may be in the form of reprimands and/or warnings, both oral and written, as well as punishments that are educational in accordance with educational principles, the Teacher's code of ethics, and laws and regulations. In educational activities, teachers are given legal protection to carry out their duties and functions as educators, this can be seen in articles 40 to 42 of PP No. 74/2008 concerning Teachers.
The laws and government regulations above seem to conflict when teachers try to discipline students in the learning process in the classroom, which may involve violence in the form of punishment. For example; students who do not obey school rules; such as; violating school rules, not doing Homework (PR). So that the teacher feels unappreciated and disrespected, then there is physical punishment from the teacher to the student in the form of slaps, punches, pinches and so on. Even though the intended punishment is basically an educational punishment "that does not injure", so that the child does not violate the rules that have been set at school.
The clash of these duties and functions occurs when teachers disciplining students must face the Child Protection Law. Article 80 of Law Number 35 of 2014 concerning Child Protection states that "Everyone is prohibited from placing, allowing, committing, ordering to commit, or participating in Violence against Children." Furthermore, Article 80 paragraph (1) is the article used by parents of students to report teachers who give punishment to their students. The Law on Protection of Teachers and Lecturers is tesa, and the Child Protection Law as antitesa in the concept of protection for a Teacher in carrying out educational functions, especially efforts to enforce student discipline.
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