Legal Protection for Teachers: Between "HOPE AND REALITY"

PROTECTION FOR TEACHER’S PROFESSION

The teaching profession (in principle) is already protected under Law No. 20 of 2003 on the National Education System and Law No. 14 of 2005 on Teachers and Lecturers. However, both are deemed ineffective

In January 2024, a case implicated Khusnul Khotimah, a teacher in Jombang, East Java, who was charged for an injury sustained by a student hit by a broom handle while playing with friends in an empty classroom. Although the teacher was not present during the incident, she was still named a suspect for alleged negligence. This case raised concerns about the legal protection available for teachers in incidents beyond their full control. 

Adding insult to injury, a similar case occurred in April when Supriyani, a part-time teacher in South Konawe, Southeast Sulawesi, was dragged into a criminal case. She was accused of violence against a student in a case widely considered flawed from the outset. The case appeared forced and proceeded to trial, though the police claimed to have acted professionally. This highlighted the urgent need for the establishment of a Teacher Protection Act. 

LEGAL FRAMEWORK

For many teachers, performing their professional duties often means facing significant legal risks. From physical and verbal abuse to lawsuits without adequate support, teachers in Indonesia are highly vulnerable. This situation is worsened by the lack of clear legal provisions to protect them in such circumstances. With the rise of social media, teachers’ actions and words are increasingly scrutinized, where even minor misunderstandings can have major consequences. 

Unfortunately, Indonesia’s education sector has yet to establish a robust legal framework to address the challenges teachers face. For example, teachers often lack comprehensive legal assistance when accused and sometimes face penalties without proper investigation. Without adequate protection, teachers are at risk of legal repercussions, which can deter them from fully committing to their profession. 

Many teachers face a dilemma between their desire to discipline students for character development and the risk of being accused of misconduct. When moral discipline is neglected, children may grow up without a strong ethical foundation, potentially impacting their future social behavior. An overly academic-focused education system often neglects critical aspects of character development, such as empathy, responsibility, and respect for others. However, the Supreme Court's jurisprudence has clearly stated that teachers cannot be criminally charged when acting within their professional capacity and enforcing discipline on students. 

WEAK LEGAL PROTECTION FOR TEACHERS

Despite their vital role, legal protection for teachers in Indonesia remains weak. This creates legal uncertainties that burden many teachers in performing their duties. Legal threats, physical violence, and unclear rights often make teachers feel marginalized and inadequately protected.

To date, Indonesia does not have a law specifically regulating legal protection for teachers. Although some regulations provide a general overview of teachers’ rights and responsibilities, such as Law No. 14 of 2005 on Teachers and Lecturers, their protection remains limited. The existing provisions primarily address qualifications, basic rights, and teachers’ obligations in the educational process but do not specifically provide comprehensive legal protection against threats or legal issues they encounter in their profession. 

Article 9(1) of Law No. 14 of 2005 states that teachers have the right to legal protection in carrying out their professional duties in accordance with statutory provisions. However, despite this right to legal protection, its implementation remains unclear. Numerous cases reveal that while teachers are entitled to protection, they often lack adequate legal assistance. 

In addition to legal ambiguities, another major issue is the physical and psychological violence teachers frequently endure from students, parents, or the community. Although Law No. 23 of 2004 on the Elimination of Domestic Violence and Law No. 35 of 2014 on Child Protection provide legal grounds for protection against violence, their implementation is still far from sufficient for teachers. 

THE URGENCY OF A TEACHER PROTECTION ACT

A Teacher Protection Act would serve as a foundation for creating a fair and equitable environment for educators. This law would detail teachers’ rights and responsibilities and establish standards for protecting their rights. It could also provide legal assistance to teachers accused or sued in connection with their professional duties, shielding them from arbitrary disciplinary actions. 

Furthermore, such a law could address cases where teachers face threats or violence from students, parents, or the community by imposing sanctions on such actions. The Teacher Protection Act would ensure a more balanced approach to resolving conflicts between teachers and students without compromising teachers’ reputations or careers. 

Implementing a Teacher Protection Act would not only resolve individual issues but also enhance the quality of education nationwide. When teachers feel secure and supported, they can focus more on student development and contribute effectively to the teaching and learning process. Legal certainty for teachers will reinforce their professional and moral integrity, ultimately improving their interactions with students and commitment to education. For students, this means learning under the guidance of more stable and confident educators, creating a conducive learning environment. 

Writer: Salwa Aulia, Law  Student