Legal Reconstruction in Indonesia Based on Human Right Anual Program of International Conference Fulfillment Of Teacher Protection Rights Yenny AS, Rini Setiawati Faculty of Law, Universitas Panca Bhakti Pontianak [email protected], [email protected] Abstract In the implementation of the educational process, the school can be said as a second home for students, so the figure of the teacher in the school can be said to be a parent figure for the students in the school environment. Teachers as one of the most important figures in the world of education, in reality, still do not get protection, especially optimal legal protection from the government, where empirical facts show that there are still no handling mechanisms when problems occur between students / parents / families and teachers in carrying out their professional duties. The obligation to provide legal protection to teachers in carrying out their professional duties, especially placed on the government, both the central government and regional governments. This study examines what efforts can be made by the Government in accommodating the fulfillment of the right to get equitable legal protection to teachers. Through descriptive analytical research methods with a sociological juridical approach and data collection techniques carried out by interviews and focused discussions obtained research results that to provide fair legal protection requires a legal reconstruction in the Law on Teacher Protection that mandates every Local Government needs to form an institution which has the role of carrying out a policy of preventing and dealing with teacher problems in carrying out his profession by establishing a mechanism to handle it comprehensively by involving several interested parties. So that it can provide a sense of justice that holds to the truth, is impartial, impartial, and not arbitrary. Keywords: Teacher protection; Justice. A. INTRODUCTION ducation is one important element education it will greatly affect the quality of life in order to encourage the progress of people in a country. So that the government has of the nation and state. With the the responsibility to create good quality education realization of quality educational forall its citizens.John C. Bock, in Education and quality, it will create a better quality human beings. Development: A Conflict Meaning (1992), identi- E 1 Improving the quality of education is an import- fied the role of education as : (1) the ideological ant aspect in order to realize the country’s goals as community and socio-cultural values ​​of the nation; mandated in of Preamble to the 1945 Constitution, (2) preparing workers to fight poverty, ignorance and drivers of social change; and (3) to equalize which is to educate the life of the nation. agreement and income. The first role is a political Education also needs to be understood as a long- function of education and the other two roles are term investment, because with the quality of a good economic functions.Education also has an import- 1 http://www.kompasiana.com/bernad/peran-pendidikan-dalam-pembangunan_5528b94a- f17e61e97d8b459f diakses pada tanggal 25 Oktober 2016 Copyright © 2019, the Authors. Published by PDIH UNISSULA. This is an open access article under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/). 1 Legal Reconstruction in Indonesia Based on Human Right ant role in national development2, which include: 2. In line with the Functional paradigm, the socialization paradigm sees the role of education 1. Developing technology in development as: a) developing individual com- Educational outcomes are educated people who petencies, b) higher competencies are needed to have the ability to carry out research and devel- increase productivity, and c) in general, increasing opment that can produce new technology. the ability of citizens and the increasing number of 2. Being a productive force in the field of construc- citizens who has the ability to improve the life of so- tion ciety as a whole. Therefore, based on this paradigm Educated people can get into the education of socialization, education must be expanded mas- results and actively work in the field of build- sively and thoroughly, if a nation wants progress. ing construction both factories and companies. Where from factories and companies will pro- Based on the description above, it can be seen that duce a variety of necessities of life. education has a very big influence in the efforts to advance the lives of people and the nation and state. 3. Being a productive force that produces goods Conversely, if the quality of education is low, it will and services have a negative effect. The low level of education Educated people the results of education also of the population will have an impact on the ability have the skills to produce goods and services. of the population to understand and deal with the They can be employees in a factory or company times, science and technology.4 Not to mention the and rely on their respective skills. low level of education of the population will cause 4. Generation and cultural creation other problems, one of which is unemployment which raises the domino effect on increasing crime. Educated people from education become actors who understand well the generations they live to Education is a conscious and planned effort to cre- then be improved according to the times, by still ate an atmosphere of learning and learning process basing on the old culture they have. so that students actively develop their potential to have spiritual strength, self-control, personal- Furthermore, in relation to the role of edu- ity, intelligence, noble character, and the skills cation in national development, two para- needed by themselves, society, nation and state.5 digms emerge as the mecca for policy mak- ers in developing educational policies3: Furthermore, in an educational process there is a teaching-learning process that involves the role 1. The Functional Paradigm sees that backward- of the teacher and students. The role of the teach- ness and poverty are caused by the state not er is very important in determining success in the having enough people who have modern knowl- teaching and learning process, where the teach- edge, abilities and attitudes. According to the er in this case carries out 2 (two) roles, namely experience of the people in the West, formal ed- as a teacher as well as an educator. This means ucation institutions in the school system are the that the teacher in addition to having assignments main institutions to develop knowledge, skills and responsibilities in the process of transferring and expertise and to instill the modern attitudes knowledge is also responsible for educating stu- of individuals needed in the development pro- dents to form students who have good character. cess. Evidence shows a close relationship be- tween a person’s formal education and partic- School is one of the social institutions that gather ipation in development. Further developments interests and individuals so that it becomes a spe- cial community, which has its own uniqueness and emerged, the Human Investment thesis, which character. In addition to the family environment, states that investment in humans is more profit- the world of education is not infrequently consid- able, has a higher economic rate of return com- ered as one of the ideal community environments pared to investment in the physical field. 2 Redja Mudyahardjo. 2010. Pengantar Pendidikan, PT RajaGrafindo Persada, Jakarta. 3 http://www.kompasiana.com/bernad/peran-pendidikan-dalam-pembangunan_ 5528b94a- f17e61e97d8b459f diakses pada tanggal 25 Oktober 2016. 4 http://www.berpendidikan.com/2015/06/masalah-pendidikan-di-indonesia-dan-solusinya.html diak- ses pada tanggal 25 Oktober 2016. 5 Pasal 1 angka 1 UU No. 12 Tahun 2012 tentang Pendidikan Tinggi. Copyright © 2019, the Authors. Published by PDIH UNISSULA. This is an open access article under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/). 2 Legal Reconstruction in Indonesia Based on Human Right to carry out one’s personal character education In practice, to date teachers are still found as one process.6 Schools as one of the environments that of the most important figures in the world of ed- can shape character for students, of course it is ucation, and have not yet received optimal pro- hoped that schools can educate their students to tection from the government, it can be seen in teach and form students who have good charac- fact as examples there are still “criminalization” ter. Regarding the importance of this character re- of teachers. So that issues regarding the pro- vealed by Ben Franklin who stated: “There is noth- tection of teachers need to get serious attention ing more important for the welfare of the general from both the central and regional governments. public but training youth in wisdom and virtue.” B. PROBLEM However, schools as an environment that has the ability to form the character of students, there are Based on the description above, the problem that still many shortcomings where the teacher as a role will be discussed is: What efforts can the Gov- model who has the ability to guide and educate ernment do to accommodate the fulfillment of the students to have good character not infrequently right to get equitable legal protection to teachers? there are still some cases where the teacher is con- sidered less able to carry out their responsibilities. C. RESEARCH METHOD At the end of 1997, at one of SDN Pati, a fourth Research study was a socio-legal, intended to un- grade teacher teacher sentenced students who did derstand the relationships or links between the phe- not do homework by sticking nails into the hands nomena of law with society. Because, basically the of students. In Surabaya, a sports teacher punishes law was not only seen as something normative in- running a student who is late coming round sever- tensity that was independently, but instead as part al times.