Legal Literacy - This article reviews the view of education as a world full of goodness and beauty, which faces challenges in the modern era with the complexity of social, legal and professional problems. The discussion focuses on the dilemma faced by teachers in enforcing discipline while meeting child protection demands. This article also explores the debate surrounding the use of physical punishment or corporal punishment as a method of discipline, which is often considered part of education but is contrary to child protection laws. By looking at legal cases, this article questions the boundaries between education and violence in the school environment.

Education from classical to modern times, society tends to consider education as a world full of values of goodness (ethics) and values of beauty (aesthetics), even extremely referred to as a world without flaws, because the world of education is a world to make humans more resilient, dignified and moral, so that humans will be able to survive in overcoming problems in their lives. Is it true that such an assumption still eksis in the world of education in the midst of an ever-changing world? 

In the midst of contemporary society, this assumption has undergone quite significant shifts along with social dynamics, which in reality the world of education is not a world free from problems, nor is it a world without flaws. But full of complex problems, both internal problems in the implementation of education itself, as well as external problems, so that it can hinder the educational goals to be achieved, namely to "..Educate the nation". 

Some of the above problem factors are intertwined and have not received serious attention from the government. This educational problem is actually not just a socio-economic problem, but also spreads to problems in the realm of law, which leads to uncertainty in the context of legal protection for teachers in the world of education. 

The uncertainty of legal protection for a teacher can be seen in several cases, for example, the case of honorary teacher Supriyani who served at SDN 4 Baito, South Konawe Regency, Southeast Sulawesi Province (Sultra) is still viral on social media. Almost similar to similar cases, this can be seen through MA Decision No. 2024 K/PID.SUS/2009 and MA Decision No. 1554 K/PID.SUS/2013. 

Departing from the above case, the position of a teacher as an educator is often in a dilemmatic position, between professional demands and community treatment. On the one hand, they are required to be able to deliver students to achieve educational goals. But on the other hand, when teachers try to enforce discipline, they are confronted by the Child Protection Law. If they fail to enforce the discipline of their students and fail to deliver students to the achievement of educational goals, as educators teachers are often accused of being the root cause of the failure. 

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. 

The Disappearance of the Boundary of Corporal Punishment in Indonesian Education 

One of the environments in which children are vulnerable to becoming victims of violence is school. In schools, for example, violence against children can be carried out by educators, administrative staff, and even students themselves. Based on the motivation, violence that occurs in schools can be divided into 2 (two), namely, first, pure violence (without rational reasons), such as abuse, and fights between students. Second, the application of learning methods that contain elements of violence, such as the use of disciplinary punishment to obtain student compliance or correct incorrect student behavior. 

Among all the phenomena of violence that befall children in schools, the act of using physical punishment against children rarely attracts public attention. The giving of physical punishment as a means of discipline, which is hereinafter referred to as corporal punishment, is generally not seen as an act of violence, but rather as part of a fast and powerful learning tool to discipline or demand child compliance. 

Although the punishment contains elements of violence in it, both physical and psychological, such as: pinching, hitting, flicking ears, standing in front of the class or on the parade ground, running around the field, and various other irrational forms of assignment. But unfortunately, this disciplinary punishment practice is often considered normal and has a positive purpose for the best interests of the child. 

In contrast to violence in general, the use of disciplinary punishment (Corporal punishment) is a topic that still reaps debate in various circles. For those who are pro, the use of disciplinary punishment is a common thing to educate and improve children's behavior. Conversely, those who disagree argue that the substance of disciplinary punishment is actually violent (violent), which tends to harm children both physically and psychologically (Ateng Sudibyo and Eki Kiyamudin. Legal Protection for Teachers in Carrying Out Their Professional Duties Associated with Punishment in Disciplining Students. Persumption Of Law Vol.1 No. 2. 2019) 

As a result, the difference in views in understanding the context is more due to the different points of view used in understanding the concept corporal punishment itself. Thus, the assumption that equates Corporal punishment with physical abuse in general cannot be avoided. Meanwhile, the government in issuing regulations does not have clear legal restrictions regarding abuse or corporal punishment. 

Thus, the assumption that equates corporal punishment with physical abuse in general is also unavoidable. Consequently, articles on abuse or physical violence (as regulated in the Criminal Code and the Child Protection Act) are also considered effective enough to be applied to cases of corporal punishment in general. Whereas the practice of using corporal punishment as a means of discipline in the school environment cannot be separated from the teaching profession.