PENERAPAN HUKUM PIDANA TERHADAP GURU SEBAGAI PELAKU TINDAK PIDANA KEKERASAN TERHADAP ANAK DI BAWAH UMUR (Studi Putusan Nomor : 353/Pid.Sus/2020/PN Mdn)

Abstract

In conducting education in schools, it is not uncommon to find objects from students. Where teachers in educating minors, especially in terms of discipline, often unscrupulous teachers in schools commit violent crimes against their students, such as the case in Decision Number: 353/Pid.Sus/2020/PN Mdn.This study uses a normative juridical research method with data collection methods used are
library research and document studies. By processing primary and secondary legal materials qualitatively.The results of the study concluded that the teacher's criminal responsibility as perpetrators of criminal acts of violence against minors (Study Decision No. 353/Pid.Sus/2020/PN Mdn) is as regulated and is subject to criminal penalties in Article 80 paragraph (1) of the Law. Republic of Indonesia Number 17 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection. The author concludes that in principle teachers have the right to educate and discipline their students at school because it is useful for improving children's morals and discipline which is useful for their future. However, the author does not agree with the teacher's actions in disciplining children to do physical violence, because acts of violence can worsen the psychology of children because of the violence that befell them. So that the application of criminal law against teachers as perpetrators of criminal acts of violence against minors in Decision No.353/Pid.Sus/2020/PN Mdn has complied with the applicable child protection law in Indonesia.