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Sri Mulyati
UIN K.H. Abdurrahman Wahid

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THE JURIDICAL CONSEQUENCES OF CORPORAL PUNISHMENT BY TEACHERS AND PARENTAL LEGAL COMPLAINTS IN THE CONTEXT OF CHILD PROTECTION ACT Muhammad Khoiru Royyan; Aulia Binta Emira; Sri Mulyati; Anindya Aryu Inayati
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

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Abstract

This study aims to analyze the juridical implications of the reporting of student guardians to teachers related to the practice of corporal punishment in the educational environment. This study is a normative legal research. The approach used is a legislative approach, which focuses on analyzing the applicable regulations. The primary legal source in this study is the Child Protection Law and Education policy. The data was analyzed using thematic analysis techniques. The results of the review show that the legal implication of the student's parents' reporting to the teacher is the blurring of the meaning of "violence against children" in Law Article 76C jo. Article 80 of Law No. 35 of 2014. This is due to the absence of the limitation of violence referred to by the Law in the implementation of physical punishment against students. So that it gives rise to interpretations that are not in accordance with the mandate of the Law. Another implication is the overlap with article 39 paragraphs 1 and 2, Law No. 14 of 2005 concerning Teachers and Lecturers, which states that teachers are protected by law in carrying out their profession.
Co-Authors Anindya Aryu Inayati Aulia Binta Emira Muhammad Khoiru Royyan